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10-03-1994 CC MIN e Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 3, 1994 Vice Mayor Farber, Councilmembers Dietz, Scheel, and Holmgren Mayor Duitsman Pat Klaers, City Administrator; Sandy Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Steven Ach, City Planner; Cliff Skogstad, Building Official; and Tom Zerwas, Police Chief 1 . Call Meetina To Order Dan Tveite, Planning Commission Representative 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 Aaenda The following items were added to the agenda: e 5.8. 5.9. 5.10. 5.11. 5.12. Consider 221st Avenue Wetland Mitigation Plan Consider Hillside Estates Wetland Mitigation Plan Consider Street Light bids for Elk Park Center & Hillside Discuss Clerical change Update on Development Project and other Planning items COUNCILMEMBER SCHEEL MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Aaenda COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4.l. 4.2. 5.l. 5.4. 5.5. 5.7. e 8. 9/19/94 CITY COUNCIL MINUTES - APPROVED 9/26/94 CITY COUNCIL MINUTES - APPROVED RESOLUTION 94-97 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 8, 1994 - APPROVED TRANSIENT MERCHANT LICENSE FOR TAP ENTERPRISES TO ALLOW THE SALE OF TOOLS AT THE AMERICAN LEGION FOR ONE DAY - APPROVED RESOLUTION 94-98, A RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR THE SAFE AND SOBER NATIONAL TRAFFIC SAFETY CAMPAIGN - APPROVED RESOLUTION 94-99, A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES OF SEPTEMBER 1, 1994 - APPROVED CHECK REGISTER - APPROVED CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 2 e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Consider Purchase of Truck for Buildina and Zonin9 Inspector The City Administrator indicated that City Staff is recommending to award the bid for the purchase of a pick-up truck for the building department. He further indicated that the funds to purchase the vehicle will come from undesignated equipment reserves. Cliff Skogstad, Building Official, requested that the Council consider awarding the bid to Elk River Ford at $16,308 for the purchase of a 1994 Ford pick-up. COUNCILMEMBER HOLMGREN MOVED TO PURCHASE A 1994 FORD PICK-UP TRUCK FROM ELK RIVER FORD AT $16,308, FOR THE BUILDING DEPARTMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Purchase of Copier for Police Department e The City Administrator explained that the funds to purchase a copy machine for the police department have to come from a 1994 budget amendment. The Police Chief explained that Kathryn Anderson, T.A.C. has researched the photo copy market and received quotes for five different copy machines. He stated that her recommendation is to purchase the Toshiba 5540 from American Photocopy at $11,373.14 (including tax). He indicated that her recommendation included keeping the existing police department copy machine as American Photocopy will maintain this machine at no extra cost. COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE PURCHASE OF THE TOSHIBA 5540 FROM AMERICAN PHOTOCOPY AT $11,373.14. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Update on Library Expansion Proiect - Councilmember Dietz Council member Dietz briefed the Council on the status of the Library expansion. He indicated that the project is approximately 95% complete. He further indicated that the project has come in on budget and that the contingency amount of $30,000 has not been spent to date. This money is planned for furniture and fixtures if it is not needed for the project. Councilmember Dietz indicated his pleasure with the project and gave much credit to EOS, the architect. He stated that an open house is planned for January, 1995. 5.8. Consider 221st Avenue Wetland Mitiaation Plan Steve Rohlf. Building and Zoning Administrator, explained that the realignment of 221st Avenue will necessitate filling a portion of a wetland. Steve Rohlf indicated that following the review of the wetland mitigation plan City staff and the technical panel have found the plan to be appropriate. e COUNCILMEMBER DIETZ MOVED THAT FOLLOWING REVIEW OF THE WETLAND MITIGATION PLAN FOR 221ST AVENUE BY THE CITY STAFF AND THE TECHNICAL PANEL, THAT THE IMPACTS ON THE WETLAND IN QUESTION WERE MINIMIZED AND CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 3 e AVOIDED AS MUCH AS POSSIBLE, BUT DUE TO THE OVERRIDING CONCERN OF SAFETY THAT FILLING OF THIS WETLAND IS APPROPRIATE ACCORDING TO THE WETLAND CONSERVATION ACT AND ALSO THAT THE MITIGATION PLAN IS TECHNICALLY SOUND AND MEETS THE INTENT OF THE WETLAND CONSERVATION ACT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.9. Consider Hillside Estates Wetland Mitiaation Plan Steve Rohlf indicated that there are two wetland areas that are proposed to be filled in conjunction with the Hillside Estates development project. He stated that after review of these two areas by the Technical panel, it was determined that that both were appropriate filling of wetlands due to safety concerns and water quality issues. Steve Rohlf reviewed the replacement location for the two wetlands that will be filled. : e COUNCILMEMBER SCHEEL MOVED THAT THE COUNCIL FINDS THAT THE IMPACT ON WETLANDS HAVE BEEN AVOIDED AND/OR MINIMIZED AS MUCH AS POSSIBLE, AND THAT DUE TO SAFETY CONCERNS FOR THE ALIGNMENT OF 193RD AVENUE, WHICH IS IDENTIFIED AS A LOCAL COLLECTOR, AND DUE TO WATER QUALITY, THAT FILLING THE WETLANDS IN QUESTION IS APPROPRIATE AND THAT THE MITIGATION PLAN IS TECHNICALLY SOUND AND MEETS THE INTENT OF THE WETLAND CONSERVATION ACT AND FURTHER THAT THE CREATION OF WETLANDS IS DONE PRIOR TO THE FILLING OF WETLANDS, OR A LETTER OF CREDIT BE ESTABLISHED FOR THE COST OF THE WORK. COUN{:ILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.10. Consider Street Liqht Bids for Elk Park Center and Hillside Estates The City Administrator indicated that the bids for the street lights for Elk Park Center and Hillside Estates have been received. The Utilities Commission Consultant Mr. Bob Ehlers, has reviewed the bids and is recommending approval of the low bid to Electric Services Company, at $74,431.20. Approximately $54,000 is for Elk Park Center and the remaining is for the Hillside Estates development. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE LOW BID FOR STREET LIGHTS FROM ELECTRIC SERVICES COMPANY IN THE AMOUNT OF $74,431.20 FOR THE ELK PARK CENTER PROJECT AND HILLSIDE ESTATES DEVELOPMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.11 . Discuss Clerical Chanqe The City Administrator indicated that Cathy Schmidt of the Planning Department has submitted her resignation. the City Administrator requested permission to advertise locally for another clerical position. He indicated that the City is still debating some options regarding the filling of this position. e COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE REPLACEMENT OF THE PLANNING SECRETARY POSITION OR FOR ANOTHER CLERICAL POSITION, IF THE PLANNING SECRETARY POSITION IS FILLED BY PROMOTION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e e e CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 4 5.12. Update on Development Proiect and other Planning Items Steve Ach, City Planner, updated the Council on the status of the following projects and issues: . Proposed commercial for Earl Hohlen's property Auto mall on Carson Street Elk Park Center Country Crossings Hillside Crossings Commercial Development Guardian Angels Dennis Chuba - Office on Meadowvale Road White Dove Realty's new office building on east Main Street Expansion of Alltool Manufacturing Saxon Motors Dickinson Bus Garage Custom Motors Steering Committee . . . . . . . . . . . . 6. Open Mike Brent Christian of 19338 Carson Circle indicated his concern regarding the proposed sidewalk on 193rd Avenue. He stated that he was not aware of any plans to construct a sidewalk along 193rd. He stated that had he been aware of these plans he would not have completed his recent landscaping project, and further, he would not have considered buying his lot. He questioned when the decision was made to install the proposed sidewalk; who made the decision and whether the residents were informed. City Administrator Pat Klaers indicated that the proposed sidewalk for 193rd A venue was discussed and reviewed by the Park and Recreation Commission and City Council when the overall plan was approved in 1992. He indicated that the City will be financing the sidewalk. Council member Holmgren indicated that the sidewalk is a response from the Council to earlier concerns and problems experienced in the Deerfield and Royal Oaks subdivisions regarding the lack of sidewalks, street lights and parks. He indicated that these three issues are now reviewed and considered with each plat that the City approves. Brent Christian of 19338 Carson Circle indicated his concern regarding the possibility of the sidewalk installation killing some of his trees. He indicated that the roots of the trees could be disturbed, but the trees may not die for a few years. He questioned whether the City would be held responsible for the replacement of his trees even if they did not die immediately. Council member Dietz suggested that Phil Hals assess the situation regarding the trees. CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 5 e COUNCILMEMBER DIETZ MOVED TO DIRECT PHIL HALS TO ASSESS THE SITUATION REGARDING THE TREES AND TO REPORT BACK TO THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Elaine Robeck - 11337 193rd Avenue - indicated that if she had been aware of the sidewalk construction in front of her property at the time she purchased, she would not have considered buying the lot. She questioned whether the proposed sidewalk was of standard size. She indicated that she will lose most of her front yard. She indicated that the City should have brought this issue to the attention of the residents. Council member Scheel indicated that although the City owns the boulevard, it should not be able to do anything it desires with the property, especially if the neighbors do not want a sidewalk. Discussion was also held regarding the light poles and when the lights would be available in the area. The residents also requested light poles that are more attractive than the wood poles. THE MOTION CARRIED 4-0. 7.1. Consider an Easement Vacation Request by Riverside Development, Public Hearinq, Case No. EV 94-2 e 7.2. Consider Easement Vacation Request by Riverside Development, Public Hearinq, Case No. EV 94-4 City Planner Steve Ach indicated that items 7.1 and 7.2 will be heard in conjunction with three other items on October 17, 1994. COUNCILMEMBER SCHEEL MOVED TO CONTINUE COUNCIL AGENDA ITEMS 7.1 AND 7.2 TO THE OCTOBER 17, 1994, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.3. Consider Final Plat for Meadowlark Townhomes by Harold Gramstad, Case No. P 94-9 City Planner Steve Ach indicated that Harold Gramstad is requesting final plat approval of Meadowlark Townhomes to subdivide 2.73 acres into seven duplexes. He indicated that the final plat has been prepared in accordance with the action taken by the City Council and Planning Commission. The City Planner indicated that staff recommends approval of the plat. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-100, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR MEADOWLARK TOWN HOMES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Consider Administrative Subdivision Request by Richard Thompson, Public HearinQ, Case No. AS 94-16 e CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 6 e City Planner Steve Ach indicated that Mr. Richard Thompson is requesting an administrative subdivision to divide an approximate seventy acre parcel into a 10.62 acre parcel and a 59040 acre parcel located on the north side of 221 st Avenue. He indicated that staff recommends approval of the request. Vice Mayor Farber opened the public hearing. Mr. Thompson questioned the benefit and price of the storm water impact fee. There being no further comments, Vice Mayor Farber closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY RICHARD THOMPSON TO SUBDIVIDE AN APPROXIMATE SEVENTY ACRE PARCEL INTO A 10.62 ACRE PARCEL AND A 59.40 ACRE PARCEL WITH THE FOLLOWING STIPULATIONS: 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $450 BE PAID TO THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 2. PAYMENT OF STORM WATER IMPACT FEE IN THE AMOUNT SET BY COUNCIL BE PAID TO THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 3. ADDITIONAL RIGHT-OF-WAY EASEMENT ALONG 221ST AVENUE, FOR ROADWA Y PURPOSES, BE REQUIRED FROM THIRTY-THREE FEET TO FORTY FEET. e. 4. IF CONSTRUCTION OF THE HOME OCCURS IN THE WOODED AREA, A TREE PRESERVATION PLAN IN SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.5. Consider a variance request by Wayne Anderson. Public Hearinq, Case No. V 94- 11 City Planner Steve Ach indicated that Wayne Anderson is requesting a lakeshore setback variance for a proposed deck from the ordinary high water mark of a natural environment lake. He indicated that the request will also involve a variance legitimizing the existing home and septic system, which were constructed within the required shoreland setback in 1990. Vice Mayor Farber opened the public hearing. There being no public comments, Vice Mayor Farber closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A 92 FOOT VARIANCE FROM THE ORDINARY HIGH WATER MARK OF PINTAIL POND FOR THE EXISTING STRUCTURE AND PROPOSED DECK AND A 113 FOOT VARIANCE FROM THE ORDINARY HIGH WATER MARK FOR THE SEPTIC SYSTEM WITH THE CONDITION THAT ONLY ONE OF THE ENCLOSED STRUCTURES BE ALLOWED TO LIMIT THE VISUAL IMPACTS FROM PINTAIL POND AND THAT APPROVAL OF THE VARIANCES IS BASED ON THE FOLLOWING FINDINGS: e 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 7 e HARDSHIP BY NOT ALLOWING THE APPLICANT TO CONSTRUCT A DECK IN A REASONABLE LOCATION ON THE PARCEL. 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT DUE TO THE PLATTING OF THE PROPERTY PRIOR TO THE SHORELAND ORDINANCE. 3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. In reference to a previous variance request involving a pole barn, Council member Scheel indicated that she found it interesting that the planners felt a hardship was necessitated by the building of a deck and not a pole barn. In response, Planning Commission Chair Dan Tveite indicated that the difference between the two requests was that the request for a variance involving the deck accounted for a pre-existing condition. 7.6. Consider a conditional use permit reauest bv First National Bank, Public Hearinq, Case No. CU 94-33 e City Planner Steve Ach indicated that the First National Bank of Elk River is requesting a conditional use permit for site plan review for the development of a bank facility in the Elk Park Center PUD located on the Southwest corner of 191 st and Highway 169. Discussion was held regarding the exit drive having one or two lanes. After much discussion about this issue, it was decided that the exit be designed with two lanes. Planning Commission Chair Tveite indicated that the Planning Commission recommended approval of the request with two exit lanes. Vice Mayor Farber opened the public hearing. Duane Kropuenske, representative of the First National Bank, indicated that they feel a two lane exit will be a much safer exit. He further indicated that the First National Bank will be willing to work with the City if traffic problems arise. There being no further comments, Vice Mayor Farber closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR FIRST NATIONAL BANK OF ELK RIVER TO CONSTRUCT A BANK FACILITY IN ELK PARK CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS MENTIONED IN THE SEPTEMBER 27, 1994, MEMO TO THE PLANNING COMMISSION BE INCORPORATED INTO THE REVISED PLANS AND SUBMITTED FOR FINAL REVIEW PRIOR TO ISSUANCE OF BUILDING PERMIT. 2. TERRY MAURER'S COMMENTS OUTLINED IN A MEMO DATED SEPTEMBER 22, 1994, BE INCLUDED IN THE REVISED PLANS. e 3. THE "EXIT ONLY" DRIVE MAY BE DESIGNED WITH TWO LANES ALLOWING LEFT AND RIGHT TURNING MOVEMENTS. HOWEVER, IF IN THE FUTURE INTERNAL CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 8 e STACKING PROBLEMS OR TURNING CONFLICTS OCCUR ON FREEPORT AVENUE, THE DRIVE WILL NEED TO BE RECONSTRUCTED TO ALLOW RIGHT TURN-OUTS ONLY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.7. Consider an Easement Vacation Reauest by Dayton Hudson, Public Hearina, Case No. EV 94-3 City Planner Steve Ach indicated that the Dayton Hudson Corporation is requesting the vacation of certain easements within Elk park Center to accommodate the changes that have occurred in the utility alignments. Vice Mayor Farber opened the public hearing. There being no one for or against the matter, Vice Mayor Farber closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 94-101, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN ELK PARK CENTER PUD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Other Business e Council member Scheel indicated she would like the City Council to clarify previous council action on an administrative subdivision involving her property. It was the consensus of the Council to put this item on a future council agenda. Council member Dietz indicated he received a request from someone to cut dead trees from the 50 acres of park land the City is in the process of acquiring. It was the consensus of the Council that this not be allowed for a number of reasons, including the fact that the City does not own the land at this time. Councilmember Farber indicated he would like the City to contact MnDOT and request a traffic speed study on landers Street and request that the speed be reduced. e CITY COUNCIL MEETING OCTOBER 3, 1994 PAGE 9 e 11. Adiournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE CITY COUNCIL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the City Council adjourned at 8: 15 p.m. Respectfully Submitted, -/( ~a~~ ~Ckeray City Clerk e e