08-15-1994 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 15, 1994
Members Present:
Mayor Duitsman, Councilmembers Scheel, Dietz, Farber and
Holmgren
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Steven Ach, City Planner; Sandy
Thackeray, City Clerk; Terry Maurer, City Engineer; Peter Beck, City
A ttorney; Troy Langer, Planning Intern; and Gary Schmitz, Assistant
Planner
Also Present:
Mary Eberley, Planning Commission Representative
1 . Call Meetinq 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 Duitsman.
2.
Consider Aoenda
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The following items were added to the agenda:
7.10. Hillside Crossing Improvements
9.4. Update on Planning Commission Applicants
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE AGENDA AS AMENDED.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3. Consider Consent Aqenda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
4.1. 8/1/94 CITY COUNCIL MINUTES - AMENDED AS FOLLOWS:
Page 5,Item 7.1. - "Councilmember Scheel indicated that the size of the
addition would not affect surrounding property owners because Mr.
Volkers owns 21/2 acres of land." - APPROVED
4.2. 8/1/94 EXECUTIVE SESSION CITY COUNCIL MINUTES - APPROVED
5.5. PAY ESTIMATES:
PAY ESTIMATE #4 TO W.B. MILLER, INC. III IN THE AMOUNT OF $18,013.20 FOR
WORK COMPLETED ON THE DEERFIELD III STORM SEWER IMPROVEMENT -
APPROVED
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City Council Minutes
August 15, 1994
Page 2
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PAY ESTIMATE #2 TO FOREST LAKE CONTRACTING IN THE AMOUNT OF
$277,781.30 FOR WORK COMPLETED ON THE STREET AND TURN LANE
IMPROVEMENTS RELATED TO THE ELK PARK CENTER DEVELOPMENT -
APPROVED
PAY ESTIMATE #3 TO RICHARD KNUTSON, INC IN THE AMOUNT OF $5,206.62
FOR WORK COMPLETED ON THE UTILITY IMPROVEMENTS IN THE NORTHEAST
AREA - APPROVED
PAY ESTIMATE #4 TO LATOUR CONSTRUCTION IN THE AMOUNT OF $36,253.93
PAYABLE TO LATOUR CONSTRUCTION FOR WORK COMPLETED ON THE LIFT
STATION - APPROVED
PAY ESTIMATE #5 TO RICHARD KNUTSON, INC. IN THE AMOUNT OF $7,354.95
FOR WORK COMPLETED ON THE MEADOWVALE HEIGHTS TRUNK UTILITY
IMPROVEMENTS - APPROVED
PAY ESTIMATE #5 TO LATOUR CONSTRUCTION IN THE AMOUNT OF $29,790.17
FOR WORK COMPLETED ON THE CHERRYHILL BLUFFS STREET AND UTILITY
IMPROVEMENTS - APPROVED
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PAY ESTIMATE #3 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF
$63,889.20 FOR WORK COMPLETED ON THE WWTP EXPANSION - APPROVED
CHECK REGISTER - APPROVED
8.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.1 . Discuss airing Auaust 15 Council meetino on Cable TV
City Clerk Sandy Thackeray introduced Bill Bruce, the City's
cable/communications consultant. She indicated that the August 15 Council
meeting will be the first to be broadcast over cable television. Bill Bruce gave a
brief presentation regarding the airing of Council meetings on cable television.
5.2. Review Fire Chief recommendation from the full time Firefiohter Selection
Committee
City Administrator Pat Klaers updated the Council on the Fire Chief application
process. He indicated that the City has received 25 applications and that 10
applicants were interviewed. Following the interviews, it was the consensus of the
committee to recommend that the Council hire Bruce West for the position of Fire
Chief. Mayor Duitsman indicated he felt it would be appropriate for the Council
to interview Bruce West.
COUNCILMEMBER SCHEEL MOVED TO INTERVIEW BRUCE WEST FOR THE POSITION OF
FIRE CHIEF ON MONDAY, AUGUST 29, 1994, AT 6:00 P.M. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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City Council Minutes
August 15, 1994
Page 3
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5.3.
Review trunk assessment rate for the northeast quadrant of the urban service
district
City Engineer Terry Maurer indicated that the actual cost and assessment rates
for the trunk sanitary sewer and water for the Northeast Area of the City have
been calculated. The total cost of the improvements were divided into two
areas: the construction cost and associated overhead 1$2,588 per acre), and the
cost of deferral of assessments 1$464 per acre).
Mayor Duitsman indicated that he still supports the area-wide $3,800 fee, but
could support a lower fee of $3,200 for this project area.
Jeff Gongoll representing Riverside Development, the developer for the majority
of the area, indicated that they concur with the City Engineer's calculations. He
indicated that the developer will not be requesting green acres and requested
that the Council eliminate the $464 per acre calculated for possible deferral of
. .
assessments.
The Council discussed the possibility of the developers waiving their rights to
defer assessments through green acres. Discussion was held regarding other
possibilities of protecting the City if the green acre rights cannot be waived. It
was the consensus of the Council to have staff review this issue.
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COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE FEE OF $2,588 PER ACRE
FOR TRUNK SEWER AND WATER IN THE NORTHEAST AREA OF THE CITY, AND THAT THE
ISSUE OF THE $464 DEFERRAL RATE BE REVIEWED BY STAFF AND REFERRED BACK TO
THE COUNCIL ON AUGUST 22. COUNCILMEMBER FARBER SECONDED THE MOTION.
THE MOTION CARRIED 3-2. COUNCILMEMBER DIETZ AND MAYOR DUITSMAN VOTED
AGAINST THE MOTION.
5.4.
Review School Street traffic oattern between Jackson A venue and Freeoort
Avenue
City Engineer Terry Maurer indicated that the issue of 3 lane versus 4 lane striping
of School Street has been discussed several times. He further indicated that he
recommends a 4-lane. Terry Maurer informed the Council that he has been in
contact with Dr. Flannery regarding this issue. The City Engineer stated that the
contractor has requested that the final lift of blacktop be put on this fall. If the
Council concurs to put the final lift of blacktop on this year it will be difficult to re-
stripe the road next year. He indicated that this is the reason he is requesting the
Council to make a final decision on the 3-lane versus 4-lane striping issue.
Councilmember Holmgren indicated that he thought Freeport A venue would
have been widened. Terry Maurer indicated that the signal can be adjusted to
limit potential traffic problems on Freeport Avenue.
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COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE STRIPING OF SCHOOL STREET
WITH A 4-LANE CONFIGURATION BECAUSE THE 4-LANE PROPOSAL IS SAFER THAN
THE 3-LANE PROPOSAL, AND TO ALLOW THE CONTRACTOR TO PROCEED WITH THE
FINAL LIFT OF BLACKTOP THIS YEAR. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
City Council Minutes
August 15,1994
Page 4
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5.6. Contribution request for conference by the 2001 Committee, Inc.
Bob Minton and David Raymond, members of the 2001 Committee addressed
the Council. Bob Minton indicated that the 2001 Committee is planning its
annual conference on October 1. The conference will focus on developing
community values. He requested a contribution of $300 from the City to assist in
the conference costs.
COUNCILMEMBER SCHEEL MOVED TO APPROVE A CITY CONTRIBUTION OF $300 TO
THE 2001 CONFERENCE FOR 1994. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
7.10. Hillside Crossinas Uodate
City Engineer Terry Mourer updated the Council on the progress of the Hillside
Crossing Development. The developers have decided that the prices for the
street improvements are higher than they expected and have indicated their
desire to fund and complete the street work on their own and have the City
inspect the work. Terry Maurer indicated that this would require a change order
to Arcon's contract for underground construction.
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It was the consensus of the Council to authorize the City Engineer to draft 0
change order to Arcon's contract for underground construction and bring it to
the City Council for approval on August 22.
9.1.
Notification of Thursday. 8118/94 City Council worksession on 1995 budget and
other City financial issues
City Administrator Pot Klaers suggested a special meeting of the Council to
review the budget. He suggested August 18 as the special meeting date. It was
the consensus of the council to meet on August 30, 1994.
COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL ON AUGUST 30 AND TO CANCEL THE MEETING ON AUGUST 18, 1994.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
9.2. Uodate on 8111/94 HRA Meetinq
City Administrator Pat Klaers Updated the Council on the 8/11/94 HRA Meeting.
He indicated that the HRA has authorized the improvements at the old City Hall
site and that the HRA will be funding these improvements. The City Administrator
updated the Council on other issues that were discussed at the 8/11/94 HRA
meeting.
9.3.
Uodate on work orooram for the EDA site
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The City Administrator updated the Council on the progress of the EDA site
located at Main Street in the downtown area. A timetable and cost estimate for
the project was provided to the Council in a memo.
City Council Minutes
August 15, 1994
Page 5
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9.4.
Uodate on Planninq Commission Aoolicants
The City Clerk informed the Council that 3 applications have been received for
the vacancy on the Planning Commission created by Chris Carr. She indicated
that one of the applicants is not a resident of Elk River and it has been City policy
to appoint only city residents to the Planning Commission. Councilmember
Scheel indicated that the City has nonresidents on the Park and Recreation
Commission and felt that it should be consistent with this policy. She suggested
that the Council interview the nonresident applicant.
It was the consensus of the Council to interview the three applicants who have
applied for the vacancy on the Planning Commission on Monday, August 22,
1994.
The CounCil recessed at 6:50 p.m. and reconvened at 7:02 p.m.
Mayor Duitsman indicated that he would be out of town on August 22 and
requested that the issue of the trunk assessment fee be discussed by the Council
on August 29.
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COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION RELATING TO THE
TRUNK ASSESSMENT FEE IN THE NORTHEAST AREA OF THE CITY TO STATE THAT THE
ISSUE OF THE $464 DEFERRAL RATE BE REVIEWED BY STAFF AND REFERRED BACK TO
THE COUNCIL ON AUGUST 29. COUNCILMEMBER FARBER SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
6.
Ooen Mike
Barbara Guidarelli of Sandpiper Estates addressed the Council regarding the
proposed assessment for sewer and water improvements to the Sandpiper
Estates. She indicated that she spoke on behalf of the residents of Sandpiper
Estates. Ms. Guidarelli spoke about the issue of misrepresentation by the City
regarding timing and cost of the improvements. She also spoke about the need
for sewer and water. She indicated that there is no need for these improvements
in their area. She stated that there is a need for the County and the City to
extend the services to the west and indicated that the residents of Sandpiper felt
that they are bearing the burden of the two governments. She reiterated that
the residents do not want or need the improvements and requested the Council
to review the issue between the City and the County.
Letters of opposition and stating the residents' intention to hire an attorney to
oppose the assessment were given to the mayor from the following residents.
.
Dan Ask
Cheri Patterson-Greis and Daniel Greis
Jean and Bill Herzog
Marcia and Timothy Sturz
Joann and Steve Stewart
Barbara and Joseph Guidarelli
Dan and Rita Dahlheimer
Mary and Michael Knight
.
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City Council Minutes
August 15, 1994
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Page 6
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Emery and Kathleen LaPointe
The Mayor indicated that the Council would hear more testimony during the
assessment hearing.
7.1. Consider a conditional use oermit reauest by Paul Behl. Public Hearinq, Case #CU
94-25
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1.
2.
3.
4.
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Troy Langer, Planning Intern, indicated that Paul Behl has requested a conditional
use permit to operate a home occupation for a hair salon from his home at 18198
Ogden Street. He indicated that the proposed addition for the hair salon is 24
feet by 20 feet. Mr. Longer indicated that the Planning Commission reviewed the
request and recommended approval. He stated that staff also recommends
approval of the request. He further indicated that Staff and Planning Commission
differed in opinion regarding the number of employees. Staff is recommending a
total of 1 employee so as to limit the intensity of the business, and the Planning
Commission recommended 1 employee in addition to the resident.
Mayor Duitsman opened the public hearing. There being no comments from the
pUblic Mayor Duitsman closed the public hearing.
Discussion was held regarding the size of the addition. Councilmember Holmgren
indicated that the size is larger than some salons located in commercial areas.
He further stated that there is the likelihood of the assessor appraising the salon at
a commercial rate. He suggested that the homeowners check with the assessor's
office prior to starting their addition.
Paul Behl, property owner, indicated that the addition has been downsized to 18'
x22'.
Planning Commission representative Mary Eberley indicated that the Planning
Commission recommended approval and recommended to allow one
additional employee in addition to the resident. However, there was not
complete agreement amongst the Planning Commission and the vote passed 4-
2.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY PAUL BEHL, TO OPERATE A HAIR SALON AT 18198 OGDEN STREET WITH
THE FOLLOWING CONDITIONS:
THAT ONE (1) EMPLOYEE, IN ADDITION TO THE RESIDENT, BE ALLOWED TO
WORK IN THE HOME OCCUPATION.
HOURS OF OPERATION BE AS PER CITY CODE.
NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED.
SIGNAGE BE LIMITED TO TWO SQUARE FEET AND ATTACHED TO THE
DWELLING.
THE USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THAT THE
INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED.
City Council Minutes
August 15, 1994
Page 7
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6. IF STAFF RECEIVES COMPLAINTS REGARDING THIS USE, THE USE MAY BE
SUBJECT TO IMMEDIATE REVIEW.
7. THE NEW ADDITION MEET ALL CITY BUILDING CODE REQUIREMENTS AND CITY
CODE PERFORMANCE STANDARDS.
8. THAT THE ADDITION BE 18' BY 22' IN SIZE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.2. Consider a Land Use Amendment and Zone Chance by Country Ridge
partnership, Public Hearing, Case #LUA 94-6 and ZC 94-8
City Planner Steve Ach indicated that Country Ridge Partnership is requesting to
amend the Comprehensive Land Use Plan from Light Industrial to Medium Density
Residential and to rezone a portion of land from Single Family Residential' and
Planned Unit Development to R3lTownhouse/Multi Family Residential).
Steve Ach indicated that both townhomes and apartments are allowed in an R3
zoning district and staff is recommending denial of the zone change to R3
because of the incompatibility with the surrounding area of single family homes.
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It was indicated that the Planning Commission recommended denying the
rezoning and concluded a land use plan amendment was not necessary
because the general nature of the plan indicated a land use of MR.
Mayor Duitsman opened the public hearing.
Jay Johnson of Country Ridge Partnership indicated that it is not the intent of the
developer to plan for apartments. He stated that the R3 zoning district was
picked because it was the closest zoning to meet their plans.
Mayor Duitsman indicated that the Council supports the townhouses but not
apartments. Steve Ach suggested that the entire area be zoned PUD or a
traditional zoning designation allowing only townhomes and not apartments.
Jay Johnson withdrew his request for rezoning. It was the consensus of the
Council to waive the application fee when Mr. Johnson applies for a zone
change.
Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-86, A RESOLUTION
AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LIGHT
INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL BASED ON THE FOLLOWING:
1. THAT 183RD AVENUE IS A LOGICAL LOCATION TO IDENTIFY A SEPARATION
IN LAND USES.
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2.
AMENDING THE LAND USE PLAN MAP WILL NOT COMPROMISE THE
INTEGRITY OF THE SURROUNDING LAND USES.
City Council Minutes
August 15,1994
Page 8
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COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.3. Consider a conditional use oermit reauest by L & W Limited Liability, Public
Hearinq, Case #CU 94-27
Planning Assistant Gary Schmitz explained that the City has received a request
from L & W Limited Liability Company to operate an auto body repair and auto-
truck frame repair from the existing Cody Square Building located at 11061 1 73rd
Avenue NW. Gary Schmitz discussed the areas that have been reviewed by staff
consisting of landscaping, drainage, parking, building code, and outdoor
storage.
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The issue of landscaping and the need for opaque fencing was discussed in
detail by the Council. Gary Schmitz indicated that when the building was
constructed the landscape standard was less restrictive than today. He stated
that because of this staff is recommending sodding, the installation of an
irrigation system, and opaque fencing for outdoor storage to bring the area up to
the standards required today. The Council discussed the fact that the building is
located in an obscure area and that it may not be necessary to irrigate, sod or
fence. Gary Schmitz indicated that the East Highway 10 area will continue to
progress and stated that staff felt it was necessary to keep current with the City's
landscaping requirements. He further indicated that outdoor storage is not
allowed in the C3 zoning district and, staff was suggesting fencing as a
compromise.
Following further discussion regarding landscaping, it was the consensus of the
Council to allow the owners up to two years to landscape, seed instead of sod,
and to install a sprinkler system.
Gary Schmitz indicated that the Planning Commission recommended approval of
the conditional use permit.
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 APPROVE THE CONDITIONAL USE PERMIT
FOR L & W LIMITED LIABILITY COMPANY TO OPERATE AN AUTO REPAIR AND AUTO
FRAME REPAIR WITH THE FOLLOWING CONDITIONS:
1. ALL GROUND AREAS NOT DEVOTED TO BUILDING OR BITUMINOUS SURFACE
BE PLANTED WITH SEED WITHIN A TWO YEARS OF THE APPROVAL.
2. THE ENTIRE PARKING AND DRIVEWAY AREA BE BOUND BY B612 CONCRETE
CURB AND GUTTER.
3. THE EXISTING PARKING LOT BE REQUIRED TO MEET THE TEN (10) FOOT
PARKING SETBACK FROM ALL PROPERlY LINES.
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4.
THE APPLICANT WORK WITH THE BUILDING OFFICIAL TO ENSURE THE
BUILDING MEETS ALL BUilDING AND FIRE CODES PRIOR TO ISSUING A
BUILDING PERMIT.
City Council Minutes
August 15,1994
Page 9
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5. THE APPLICANT PROVIDE THE CITY WITH AN ACCEPTABLE DRAINAGE AND
GRADING PLAN FOR THE SITE PRIOR TO THE CITY COUNCIL MEETING.
6. THE CHAIN-LINK FENCE LOCATED ON THE NORTH SIDE OF THE PARCEL BE
UPGRADED WITH A DURABLE OPAQUE MATERIAL APPROVED BY STAFF.
7. AN UNDERGROUND IRRIGATION SYSTEM BE REQUIRED WITHIN TWO (2) YEARS
OF APPROVAL.
8. PERMITS FROM THE MINNESOTA POLLUTION CONTROL AGENCY BE RECEIVED
PRIOR TO ISSUING A BUILDING PERMIT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOT/ON CARRIED 5-0.
7.4. Consider a conditional use permit reauest by Wendy's International, Public
Hearinq, Case # CU 94-28
City Planner Steve Ach indicated that Wendy's International is requesting a
conditional use permit for site plan review to construct a restaurant facility as part
of the Elk Park Center PUD. He indicated that staff and Planning Commission
have reviewed the site plan.
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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 APPROVE THE CONDITIONAL USE PERMIT
REQUEST BY WENDY'S INTERNATIONAL TO CONSTRUCT A RESTAURANT FACILITY IN
THE ELK PARK CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING
CONDITION:
THAT ALL COMMENTS STATED WITHIN THE JULY 26, 1994, REPORT TO THE PLANNING
COMMISSION, INCLUDING TERRY MAURER'S MEMO DATED JULY 19, 1994, BE
INCORPORATED INTO THE PROPOSED DEVELOPMENT PLANS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.5. Consider a variance reauest by Riverview Sports. Public hearina, Case #V94-8
Troy Langer, Planning Intern, indicated that the applicant has requested that this
issue be continued.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE VARIANCE REQUEST BY
RIVERVIEW SPORTS TO THE SEPTEMBER 19, CITY COUNCIL MEETING.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.6.
Consider a Land Use Amendment and Zone Chanae by Dennis Anderson, Public
Hearina. Case No. LUA 94-5 and ZC 94-06
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The applicant has requested that this item be withdrawn until there is further input
from the Growth Management Committee concerning commercial growth in the
City of Elk River.
City Council Minutes
August 15, 1994
Page 10
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7.7.
Consider a rezoninq request by the City of Elk River/Public Hearinq, Cqse No. ZC
94-02
City Planner Steve Ach introduced this item. He indicated that the zone change
was initiated by the City Council. The request is for a rezoning of approximately
fifteen acres lying north of Highway 10 and west of Queen Street alignment from
11 (light industrial) to R 1 b (single family residential). He indicated that the issue has
been discussed by the Council on several occasions. The Planning Commission
has also recently reviewed the issue and has held two public hearings on the
requested zone change. The Planning Commission has recommended approval
of the zone change as the rezoning would bring the zoning map into compliance
with the Comprehensive Land Use Plan map designation of medium density
residential.
Steve Ach spoke to the issue of Custom Motors' noncompliance of a conditional
use permit approved in 1978. He indicated that screening of the business was
required in the conditional use permit and this has not been completed. He
further indicated that the issue of screening has been raised several times.
Steve Ach indicated that the proposed zone change would affect the business of
Custom Motors. Mr. Ach reviewed the three preferred options of Custom Motors.
He indicated that it is the preference of Custom Motors to remain at the present
location and not be relocated.
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Steve Ach indicated that if the zone change is approved, the City's current
ordinance allows a five year amortization period before Custom Motors has to
vacate the property. He indicated that this time period could be extended
through an ordinance amendment.
Mayor Duitsman opened the public hearing.
Mike Boelter, indicated that the property in question is owned by two people. He
indicated he is the other owner besides Custom Motors. He further indicated that
90% of the screening has been accomplished. He stated that he has not been
notified of the meetings and indicated his opposition to the zone change.
Robert Miller, Attorney for Mr. and Mrs. Roy, owners of Custom Motors, also
commented that 90% of the screening is in place. He indicated that it is the
preference of the Roy's to occupy the land and continue its current use. If this
were the case, the Roy's would make fencing. screening and aesthetic
improvements over a three year period. Mr. Miller indicated that the Roy's have
met with City Staff regarding assistance in relocation and feel that there is no
money available other than a small amount for loans. He indicated that the 5
year amortization period is unacceptable and suggested that the amortization
period be eliminated. Mr. Miller stated that another option would be for the City
to acquire the property on a five year contract for deed. This would allow the
Roy's to continue living at the location for five years, during which they could pay
rent to the City.
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City Council Minutes
August 15, 1994
Page 11
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Mr. Miller requested the Council to consider Scenario A or Scenario C using the
Contract for Deed approach, as stated in Mr. Miller's letter to the Mayor and City
Council dated August 12, 1994.
Council member Holmgren questioned who would be responsible for
environmental clean-up. He further indicated that the City should discuss the
option of purchasing the property.
Mayor Duitsman indicated that the current zoning is incompatible and that the
area should be rezoned. He indicated he did not feel the City should buy the
property but he would be in favor of extending the amortization period.
Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO ADOPT- ORDINANCE 94-11, AN ORDINANCE
REZONING PROPERTY DESCRIBED IN EXHIBIT A OF ORDINANCE 94-11 TO R-1 B
(SINGLE FAMILY RESIDENTIAL) AND DIRECTED STAFF TO INITIAtE AN ORDINANCE
AMENDMENT TO CHANGE THE AMORTIZATION PERIOD FROM FIVE YEARS TO TEN
YEARS, AND TO PURSUE THE ISSUE OF ASSISTANCE TO THE PROPERTY OWNER FOR
RELOCATION CONSISTING OF THE POSSIBILITY OF THE CITY ACQUIRING THE
PROPERTY FROM THE PROPERTY OWNERS, IF FEASIBLE. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION.
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The City Attorney requested that the motion be amended to include the
conditions of the motion as part of the ordinance.
COUNCILMEMBER DIETZ MOVED TO AMEND THE MOTION TO INCLUDE THE TWO
ADDITIONAL CONDITIONS AS PART OF THE ORDINANCE AMENDMENT AS FOLLOWS:
3. THAT STAFF IS DIRECTED TO INITIATE A TEXT AMENDMENT TO THE ZONING
ORDINANCE TO CHANGE THE AMORTIZATION PERIOD FROM FIVE YEARS
TO TEN YEARS.
4. STAFF IS DIRECTED TO EXPLORE THE PURCHASE OF THE PROPERTY AND ALL
OTHER OPTIONS FOR ASSISTING THE ROY'S IN RELOCATING.
COUNCILMEMBER HOLMGREN SECONDED THE AMENDMENT. THE MOTION AS
AMENDED PASSED 4-1. COUNCILMEMBER SCHEEL OPPOSED.
Councilmember Scheel indicated she voted against the motion because she felt
a zone change would devalue the Custom Motors property.
7.8. Consider a Certificate of Correction to the Plat known as Elk Park Center
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CERTIFICATE OF CORRECTION
TO THE PLAT OF ELK PARK CENTER, CORRECTING A DISTANCE READING FROM 69.40
FEET TO 69.87 FEET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
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City Council Minutes
August 15, 1994
Page 12
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7.9. Consider final olat reauest bv City of Elk River, Russell Martie, and Thomas Weiss
(Hals Addition) Public Hearina Case #AS 94-02
Steve Ach, City Planner, indicated that the City of Elk River is requesting final plat
approval of Hals Addition to subdivide 2.3 acres into one industrial lot and three
outlots. The plat is located at the intersection of Jackson A venue and Railroad
Drive.
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 RESOLUTION 94-87, A RESOLUTION
APPROVING THE FINAL PLAT FOR HALS ADDITION. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED. 5-0.
10. Other Business
There was no "Other Business" discussed.
11.
Motion to call executive session of City Council
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COUNCILMEMBER HOLMGREN MOVED TO CALL AN EXECUTIVE SESSION OF THE CITY
COUNCIL TO DISCUSS PENDING LITIGATION OF THE HOHLEN PROPERTY AND THE
HOULTON FARMS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
The City Council recessed at 9:32 p.m. Following adjournment of the executive
session of the City Council, the City Council reconvened its regular meeting at
10:07 p.m.
13. Adiournment
There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN
THE REGULAR CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
The meeting of the City Council adjourned at 10:08 p.m.
xa:~ed.
Sandra A. Thackeray
City Clerk
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