11-15-1993 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 15, 1993
Members Present:
Vice Mayor Dietz, Councilmembers Scheel. Farber and Holmgren
Members Absent:
Mayor Duitsman
Staff Present:
Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steven
Ach, City Planner; Peter Beck, City Attorney; Terry Maurer, City
Engineer
Also Present:
Dan Tveite, 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 6:20 p.m. by Vice Mayor Dietz.
2.
Consider 11/15/93 City Council Aoenda
COUNCILMEMBER HOLMG~EN MOVED TO APPROVE THE 11/15/93 CITY
COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
3.1.
Consider 10125/93 City Council Minutes
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/25/93 CITY
COUNCIL MINUTES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
3.2. Consider 10/26/93 Special City Council Minutes
COUNCILMEMBER FARBER MOVED TO APPROVE THE 10/26/93 SPECIAL CITY
COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
4.1 . Consider Application for Exemption from Lawful Gamblino for Church
of St. Andrew
The City Clerk stated that the Church of Sf. Andrew has made application
for an exemption from lawful gambling to hold a raffle on December 6th.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE EXEMPTION FROM LAWFUL
GAMBLING LICENSE FOR THE CHURCH OF ST. ANDREW. COUNCILMEMBER FARBER
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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4.2. Consider Resolution Approvina Hillside Estates 2nd Addition Plat
Steven Ach stated that Rick Foster. developer of Hillside Estates, is requesting
final plat approval to begin construction of Phase 2 of Hillside Estates.
COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-72, A RESOLUTION
GRANTING FINAL PLAT APPROVAL TO HILLSIDE ESTATES 2ND ADDITION.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.3. Update on Flaa Contest
The City Clerk informed the City Council that she has received 31 entries to
the City's flag contest. It was the consensus of the Council to judge the flags
when the Mayor is present.
4.4.
Discuss possible dates for Board and Commission Interviews
The City Clerk informed the Council that she has sent letters to all Board and
Commission members whose terms will be expiring on December 31, 1993. She
indicated that the deadline for applications for Boards and Commissions is
December 10th. It was the consensus of the Council to set the interview times
after the deadline date of December 10th.
4.5.
MnDOT Coordination ofTrunk Hiahway 10/101/169 Improvements
Terry Maurer. City Engineer. stated that the City is continuing to work with MnDOT
in relation to adding City storm sewer improvements to the Trunk Highway
10/101/1 69 project. He indicated that the process must be initiated by the
adoption of a resolution.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-73, A RESOLUTION
REQUESTING MNDOT TO CONSTRUCT STORM SEWER FACILITIES UNDER THE TRUNK
HIGHWAY 10/101/169 INTERCHANGE IN CONJUNCTION WITH MNDOT PROJECT
S.P.7101. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
4.6. Consider Pay Estimates for Hillside Estates Phase I and Meadowvale Heiahts
Trunk Improvement
COUNCILMEMBER FARBER MOVED TO APPROVE THE FOLLOWING PAY ESTIMATES:
FINAL PAY ESTIMATE TO R.L. LARSON EXCAVATING, INC., IN THE AMOUNT OF
$23,671.74 FOR WORK COMPLETED ON THE HILLSIDE ESTATES PROJECT.
PAY ESTIMATE #1 TO RICHARD KNUTSON CONSTRUCTION, INC., FOR WORK
COMPLETED ON THE MEADOWVALE HEIGHTS TRUNK UTILITY IMPROVEMENTS IN THE
AMOUNT OF $156,468.63.
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COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.7. Consider Purchase of Snow Plow
The City Administrator indicated that the Street Superintendent is requesting
authorization to purchase a Falls Model TER-12 snow plow in the amount of
$5,300. The City Administrator indicated that the snow plow is included in the
1994 budget under Equipment Certificates.
COUNCILMEMBER SCHEEL MOVED TO AUTHORIZE THE STREET SUPERINTENDENT TO
PURCHASE A FALLS MODEL TER-12 SNOW PLOW IN THE AMOUNT Of $5,300.
COUNCILMEMBER fARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.8. Consider Four-way Stop at 188th Avenue and Albany Street Intersection
The City Administrator indicated that area residents have expressed a concern
about the intersection of 188th Avenue and Albany Street. He indicated there
is limited visibility and it is the consensus of the Police Chief and City Engineer
that an all-way stop in this area is warranted.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE AN ALL-WAY STOP AT 188TH
AVENUE AND ALBANY STREET INTERSECTION. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.9.
utilities Extension Policy
The City Administrator indicated that the City Council previously amended its
policy in relation to the extension of utilities so that sewer and water stub-ins
for subdivided lots are extended beyond the street right-of-way to the edge of
the utility easement. He stated that the goal of this policy was to eliminate
future conflicts with underground electric lines when the sewer and water was
extended to new homes. In October, the City Council referred this policy back
to the Utilities Commission for consideration. The City Administrator stated that
the Utilities Commission discussed the issue at its November 3. 1993, meeting.
and decided to change its policy regarding the location of electric lines. He
stated that the Utilities are now going to place the electric lines in the street
right-of-way if possible. The City Administrator indicated that due to this
action by the Utilities. the City no longer needs to extend the sewer and water to
the easement line.
COUNCILMEMBER HOLMGREN MOVED TO CHANGE THE CITY'S POLICY BACK TO
ITS PREVIOUS STATUS WHEREBY THE SEWER AND WATER STUB-INS TO NEW
SUBDIVISIONS ARE PLACED UP TO THE RIGHT-Of-WAY BOUNDARY.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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4.10. Reauest for Soecial Assessment Deferral for Robert and Ann Oster
Pat Klaers, City Administrator, informed the Council that Robert and Ann Oster
are requesting a deferral of the 1992 Western Area Assessment on their property
at 921 Main Street.
The City Administrator stated that the Finance Director is also requesting the
Council to adopt a resolution setting the maximum household income
allowable in order to qualify for a deferral at $17,325
COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-74, A RESOLUTION
DESIGNATING THE MAXIMUM HOUSEHOLD INCOME LEVEL FOR QUALIFICATION
FOR DEFERRAL OF SPECIAL ASSESSMENTS BASED ON HARDSHIP.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-75, A RESOLUTION
APPROVING DEFERRED SPECIAL ASSESSMENTS FOR THE 1992 WESTERN AREA
IMPROVEMENT PROJECT FOR ANN AND ROBERT OSTER. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.11 . Soecial Assessment Reaooortionment
e The City Administrator stated that the Finance Director is requesting a
reapportionment of special assessments for parcels located in the Robinsdale
plat and for property located along Highway 169 and 193rd Avenue next to
the Hillside Estates plat.
COUNCILMEMBER FARBER MOVED TO APPROVE THE SPECIAL ASSESSMENT
REAPPORTIONMENT FOR THE FOLLOWING PROPERTIES:
PARCEL #75-550-0110 IN THE AMOUNT OF $4,409.89
PARCEL #75-550-0120 IN THE AMOUNT OF $3,099.96
PARCEL #75-550-0130 IN THE AMOUNT OF $4,031.33
PARCEL #75-127-1440 IN THE AMOUNT OF $13,936.43
PARCEL #75-127-1401 IN THE AMOUNT OF $13,019.93
PARCEL #75-127-1400 IN THE AMOUNT OF $4,162.97
PARCEL #75-127-1401 IN THE AMOUNT OF $3,889.20
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
7. Check Reqister
COUNCILMEMBER FARBER MOVED TO APPROVE THE CHECK REGISTER.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8.
Council Uodates
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Councilmember Scheel commented on traffic concerns at the intersection of
Gates Avenue and Third Street. She questioned what the City is planning to
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do regarding this intersection. She stated she is convinced that there is a
need for traffic control at this intersection. After further discussion, Vice
Mayor Dietz suggested that the Police Department patrol that area more
frequently. The City Engineer further indicated that the Street Superintendent
would be monitoring the area.
9 Staff Updates/Other Business
The City Administrator updated the City Council on current action taken by
Sherburne County in regards to the relocation of the fairgrounds.
The City Administrator informed the Council that no appeals have been
received for the Fresno Street improvement.
The Council recessed at 6:45 p.m. and reconvened at 7:00 p.m.
Item #5, "Open Mike" was moved to follow Item 6.1.
6.1 . Consider Resolution of Denial of the Conditional Use Permit and Preliminary
Plat for Elk Park Center
City Attorney Peter Beck informed the Council that he has prepared a
resolution stating findings of fact regarding the Elk Park Center proposal and
denying the conditional use permit and preliminary plat approval for the Elk
Park Center. He stated that the resolution was prepared from the minutes which
were prepared by the City Clerk and from his notes from the public hearing
on October 26, 1993. He requested the City Council to make him aware of
any inaccurate or incomplete information in the resolution. He stated that
inaccurate information should be corrected and additional items which the
Council would like added should be done prior to the adoption of the
resolution. Peter Beck further indicated that Council member Scheel has
requested a change to Page 4, (C.3) regarding the holding pond. He stated
that he would add the following to that section of the resolution; The
holding pond "should be enclosed as adequately as possible to keep children
out of the pond".
Councilmember Holmgren stated that all of his concerns have been
addressed in the resolution. He stated that the resolution makes it very clear to
the developers which issues have been unresolved and clearly states the
reasons for denial.
The City Attorney informed the Council that the Mayor has submitted a request
to continue any action on the resolution until the December 13th Council
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meeting at which time he will be present to express his opinion on the matter.
The City Attorney further indicated that the developer has also requested
that the matter be continued to the December 13th Council meeting.
COUNCILMEMBER HOLMGREN MOVED THAT ANY ACTION ON THE RESOLUTION
OF DENIAL FOR ELK PARK CENTER BE CONTINUED TO DECEMBER 13, 1993, DUE TO
THE REQUEST OF MAYOR DUITSMAN AND THE DEVELOPER KRAUS-ANDERSON.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO WORK WITH THE
DEVELOPERS TO TRY TO RESOLVE CONCERNS LISTED IN THIS RESOLUTION FOR
DENIAL AND ALSO TO ADVERTISE FOR A 12/13/93 PUBLIC HEARING TO ALLOW
CITIZENS TO EXPRESS THEIR OPINIONS ON ANY REVISIONS OR NEW INFORMATION
THAT IS PRESENTED ON THE CONDITIONAL USE PERMIT AND PRELIMINARY PLAT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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Vice Mayor Dietz informed the citizens that there would be no public input at
this time as the Mayor is not present to hear the public testimony and further
informed the citizens that a public hearing will be held on the issue on
December 13th. Vice Mayor Dietz further stated that a mediation group has
been formed consisting of Jeff Gongoll, Jim Tralle, and Jim Simpson, to work with
all parties involved in order to get the issues on the table and discuss any issues
of concern regarding this project.
COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL ON DECEMBER 13, 1993, AT 7:00 P.M., TO BE HELD AT SALK JUNIOR HIGH
COMMONS AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
Council member Holmgren stated that normally, feasibility studies are ordered
after the acceptance of the preliminary plat and approval of the conditional
use permit. However, because of the issues surrounding this development.
especially relating to traffic and drainage, he would recommend that a
feasibility study be completed prior to the public hearing.
COUNCILMEMBER HOLMGREN DIRECTED STAFF TO COMPLETE A FEASIBILITY STUDY
ON THE ELK PARK CENTER PRIOR TO THE DECEMBER 13, 1993, PUBLIC HEARING SO
THAT UNSOLVED ISSUES CAN BE ANSWERED.
Vice Mayor Dietz questioned who would pay for the feasibility study.
Council member Holmgren stated that he felt this was something that must be
done for the betterment of the community. He further stated that if the project
is approved the developer will pay for the feasibility study and if the project is
denied, the City will pay for the feasibility study.
COUNCILMEMBER SCHEEL SECONDED THE MOTION.
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Discussion was held regarding the cost of such a study. Terry Maurer, City
Engineer, stated that there is not enough time to do a complete feasibility
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study by December 13. He stated that a partial feasibility study targeting the
areas of concern such as traffic and drainage could possibly be completed.
He indicated that an approximate cost for starting the feasibility study would
be $15,000. He informed the Council that this amount would cover only
the portion of the feasibility study completed for the December 13. meeting.
THE MOTION CARRIED 4-0.
5. Open Mike
No one appeared for this item.
6.2.
Conditional Use Permit Request by Richard and Kathy Peterson 11763 201 st
Avenue NW/P.H. Case No. CU-93-34
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City Planner Steven Ach stated that Richard Peterson is requesting a
conditional use permit to construct a metal skin agricultural accessory building
greater than 2,000 square feet in size and to have two agricultural structures
on one lot. Steven Ach indicated that the proposed structure will be used to
shelter horses owned by Mr. Peterson and for general storage. He indicated that
the Planning Commission added a condition to the request requiring that the
building not be used for commercial purposes, including the commercial
boarding of horses, without City approval.
Council member Scheel stated she did not agree with the Planning
Commission's condition regarding the boarding of horses. She stated that the
land is zoned agricultural and the boarding of horses is no different than making
hay on his property as both uses are commercial. Steven Ach explained that
this use would be allowed, however, the applicant would be required to obtain
a conditional use permit.
Dan Tveite, Planning Commission Representative, indicated that the Planning
Commission added the requirement that commercial boarding of horses without
City approval not be allowed because the area borders Brentwood Addition
which is a residential area. He further indicated that the Planning Commission
recommended approval of the request.
Vice Mayor Dietz opened the public hearing. There being no one for or against
the matter, Vice Mayor Dietz closed the public hearing.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUEST BY RICHARD AND KATHY PETERSON, 11763 201ST AVENUE NW, TO
CONSTRUCT A METAL SKIN AGRICULTURAL BUILDING GREATER THAN 2,000 SQUARE
FEET IN SIZE AND TO HAVE TWO AGRICULTURAL STRUCTURES ON ONE LOT WITH THE
FOLLOWING CONDITIONS:
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1. THE COLOR OF THE BUILDING BE COMPATIBLE WITH THE EXTERIOR OF THE
HOUSE.
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2. THE APPLICANT BE REQUIRED TO SUBMIT SIGNED, ENGINEERED
DRAWINGS IN ORDER TO RECEIVE A BUILDING PERMIT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.3. Conditional Use Permit Request by Bart and Lisa Boese/P.H. Case No. CU-93-33
City Planner Steven Ach stated that Bart Boese is requesting a conditional
use permit to construct a non-agricultural metal skin accessory structure
greater than 1,000 square feet in size in the plat of Deerfield First Addition.
Planning Commission Representative Dan Tveite stated that the Planning
Commission unanimously recommended approval of the request with three
conditions.
Vice Mayor Dietz opened the public hearing. There being no one for or against
the matter, Vice Mayor Dietz closed the public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT
FOR BART AND LISA BOESE OF 20337 AUBURN STREET NW TO CONSTRUCT A
NON-AGRICULTURAL METAL SKIN BUILDING GREATER THAN 1,000 SQUARE FEET IN
SIZE WITH THE FOLLOWING CONDITIONS:
1. THE COLOR OF THE BUILDING BE COMPATIBLE WITH THE EXTERIOR OF THE
HOUSE.
2. THE APPLICANT BE REQUIRED TO SUBMIT SIGNED, ENGINEERED DRAWINGS IN
ORDER TO RECEIVE A BUILDING PERMIT.
3. THIS BUILDING MAY NOT BE USED FOR ANY COMMERCIAL USE WITHOUT CITY
APPROVAL.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.4.-6.5. Preliminary Plat and Conditional Use Permit by Dennis Chuba/P.H.
Steven Ach, City Planner, stated that Dennis Chuba is requesting a preliminary
plat to subdivide .75 acres into seven commercial lots and a conditional use
permit for a zero lot line development.
Vice Mayor Dietz opened the public hearing. There being no one for or against
the matter, Vice Mayor Dietz closed the public hearing.
Planning Commission Representative Dan Tveite stated that the Planning
Commission recommended approval of both the preliminary plat and the
conditional use permit. Dan Tveite further indicated that the Planning
Commission had concerns regarding screening of the area and recommended
that a landscape plan be submitted to the Council for review.
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Steven Ach indicated that the landscape plan has been included in the
Council's packet for their review.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT
REQUESTED BY DENNIS CHUBA TO SUBDIVIDE .75 ACRES INTO SEVEN COMMERCIAL
LOTS WITH THE FOLLOWING CONDITIONS:
1. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500.
2. APPROVAL OF FINAL PLAT BE CONTINGENT ON THE PROPOSED OFFICE
BUILDING BEING CONSTRUCTED.
3. ASSOCIATION DOCUMENTS FOR THE OFFICE BUILDING AND COMMON SPACE
BE PROVIDED TO THE CITY AND RECORDED WITH SHERBURNE COUNTY.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE
PERMIT REQUESTED BY DENNIS CHUBA FOR A ZERO LOT LINE DEVELOPMENT BASED
ON THE SEVEN CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT WITH THE
FOLLOWING CONDITIONS:
1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION
REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE.
2. PLANT MATERIAL BE USED IN PLACE OF A FENCE FOR SCREENING PURPOSES
ALONG THE PROPERTY LINE THAT ABUTS THE RESIDENTIAL AREA.
3. A LANDSCAPE PLAN BE SUBMITTED TO THE CITY COUNCIL FOR REVIEW.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.6. Code Amendment Request bv the City of Elk River/P.H. Case NO.OA-93-08
Steven Ach stated that the City has requested an ordinance amendment to the
City Code to allow Therapeutic Massage and Sauna Establishments as
conditional uses in commercial districts and as a home occupation in
accordance with the standards set forth in Section 900.25. Steven Ach stated
that the Planning Commission tabled this request at its October 28, meeting to
allow them to review the Therapeutic Massage and Sauna Establishment
ordinance recently approved by the City Council.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE ACTION ON THIS ITEM UNTIL
THE PLANNING COMMISSION HAS REVIEWED THE ORDINANCE
AMENDMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
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9.1. Call December 15, 1993, Soecial City Council Meetina
COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING
ON DECEMBER 15. 1993. AT 7:00 P.M.. AT ELK RIVER CITY HALL. FOR THE
PURPOSE OF CONTINUING THE BUDGET PUBLIC HEARING. COUNCILMEMBER
SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
The City Administrator suggested that the Council amend its previous motion
calling the special meeting for the Elk Park Center on December 13, to call the
meeting for 7:30 instead of 7:00 because December 13. is the regular EDA
meeting night.
COUNCILMEMBER SCHEEL MOVED TO AMEND THE MOTION CALLING THE
DECEMBER 13. 1993. SPECIAL CITY COUNCIL MEETING TO STATE THAT THE MEETING
BE HELD AT SALK JUNIOR HIGH COMMONS AREA AT 7:30 P.M.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
10. Adiournment
There being no further business. COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
The meeting of the Elk River City Council adjourned at 7:35 p.m.
;;:;Z;itted'
Sandra A. Thackeray
City Clerk