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06-15-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JUNE 15, 1992 Members Present: Mayor Tralle, Councilmembers Dietz, Kropuenske, and Holmgren Members Absent: Councilmember Schuldt Staff Present: Pat Klaers, City Administrator; Janelle Szklarski, Zoning Assistant; Cliff Skogstad; Building Official; Terry Maurer, City Engineer; Peter Beck, City Attorney; and Sharon Maue, Building & Zoning Secretary 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River CIty Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 6/15/92 City Council Agenda COUNCILMEMBER HOLMGREN MOVED TO COUNCILMEMBER DIETZ SECONDED THE MOTION. APPROVE THE 6/15/92 AGENDA. THE MOTION CARRIED 4-0. 3.1 Consider 6/1/92 City Council Minutes Councilmember Holmgren noted that on Page 2 of the minutes under agenda item 5.1, it should read "Councilmember Holmgren abstained due to employment at the assessor's office" for both motions. COUNCILMEMBER HOLMGREN MINUTES AS AMENDED. MOTION CARRIED 4-0. MOVED TO APPROVED COUNCILMEMBER DIETZ THE 6/1/92 CITY COUNCIL SECONDED THE MOTION. THE 3.2 Consider 6/8/92 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MINUTES. COUNCILMEMBER KROPUENSKE SECONDED CARRIED 4-0. 6/8/92 CITY COUNCIL THE MOTION. THE MOTION 3.3 Consider 6/8/92 Joint City Council/Plan~lng Commission Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 6/8/92 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared for this item. Elk River City Council Minutes June 15, 1992 Page 2 . 5.1 Zone Change Request by John Weicht and Midwest Commercial Brokerage Inc./P.H. This item was tabled until later in the meeting as John Weicht had not yet arrived for this item. 5.2 & 5.3 Consider Zone Change and Conditional Use Permit Request by Elk Terrace Limited Partnership/P.H. Janelle Szklarski, Zoning Assistant, explained that the applicant, Elk Terrace Limited Partnership, is requesting a zone change from C-2/0ffice District to PUD/Planned Unit Development to accommodate a senior housing facility to be located at the southwest corner of 4th Street and Holt Avenue. Ms. Szklarski explained that in addition to the zone change request, the applicant is requesting a conditional use permit for site plan approval of the facility. The proposed facility would contain 23 units and would be limited to senior citizen tenants as defined by the Farmers Home Administration. Ms. Szklarski explained that the PUD zoning mechanism would be needed to accommodate the special needs of the senior housing facility. . The applicant, Brad Larson of Metcalf & Larson, explained that there is a great demand for senior housing in Elk River. He explained that they had preliminary funding approval from the Farmers Home Administration and that the mortgage would carry deed restrictions with it, which would restrict tenants to those who qualify for senior citizen status according to the Farmers Home Administration. Mr. Larson stated he felt the facility and site plan met the City code regarding parking, setbacks, etc. Mayor Tralle opened the public hearing. Mary Temple stated that she works for St. Andrew's Catholic Church which is across the street from the proposed project, and that she was concerned with whether this facility would eliminate the on-street parking for the church. Mr. Larson addressed this concern by stating that on the average, only 50% of the tenants have their own vehicles. They will provide 23 off-street parking stalls as required by the City Code. Mr. Larson also stated Saturdays and Sundays were prime visiting hours for tenants of the facility, and therefore, parking may spill over from the site onto the street during these times. Janelle Szklarski, Zoning Assistant, stated that the Elk River City Code requires one parking stall for every unit in senior housing facilities and that the proposed site plan meets this ordinance. . Terry Maurer, City Engineer, stated that he was concerned with the lack of storm drainage in Holt Avenue as the applicants have shown that they will be picking up all the run off on-site in a catch basin which will need some outlet. In addition, the proposed project needs a 6" water main to service the facility. However, there is currently only a 4" main available. In a temporary situation, the applicant could hook up to the 4" main with a 6" service line. . . . Elk River City Council Minutes June 15, 1992 Page 3 Mr. Maurer stated that staff is recommending that the City Council look at the upgrading of Holt Avenue and 4th Street to add storm drainage facilities and upgrade the water lines. Mr. Maurer continued that if these improvements are added to the streets, the City should also consider upgrading the street at the same time. Mr. Maurer stated that a feasibility study could be done to look at these improvements, and he emphasized that this would be an assessable project. Ms. Temple stated that she was concerned with the possible assessments of these upgrades for St. Andrew's as they have a lot of frontage on 4th Street. Eleanor Toldahl, 18869 Boston determined how many of the Larson stated that based on facilities, they have been able the tenants have an automobile. Street, questioned how the applicant tenants would have their own car. Mr. their experience with other similar to determine that approximately 50% of Mary Temple was concerned that only senior citizens in this building. Mr. Larson answered that this for senior citizens and there is a deed restriction these units shall only be rented to senior citizens. be allowed to dwell building is designed which states that Commissioner spotts stated that the Planning Commission voted 6-1 in favor of rezoning the property to PUD as the Growth Management Plan encourages a mix of housing opportunities. Mr. Spotts went on to state that the Planning Commission voted 7-0 in favor of approving the conditional use permit for the senior citizen housing facility. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE TO APPROVE ORDINANCE 92-15, AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN C-2/0FFICE DISTRICT TO PUD/PLANNED UNIT DEVELOPMENT. DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. AN ORDINANCE PROPERTY FROM COUNCILMEMBER COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY ELK TERRACE LIMITED PARTNERSHIP FOR A 23 UNIT SENIOR CITIZEN HOUSING FACILITY TO BE LOCATED AT THE CORNER OF 4TH STREET AND HOLT AVENUE SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THAT THE ELECTRICAL TRANSFORMER OR ANY OTHER OUTSIDE MECHANICAL UNITS ARE SCREENED WITH PLANTINGS. 2. THAT THE LIGHTING FOR THE PARKING LOT MEET CITY CODE REGARDING INTENSITY. 3. THAT SIGNAGE MEET C-2 STANDARDS. 4. THAT A 10 FT. DRAINAGE AND UTILITY EASEMENT AROUND THE PERIMETER OF THIS LOT BE SUPPLIED TO THE CITY BY THE DEVELOPER. 5. THAT THIS APPROVAL IS FOR SENIOR HOUSING ONLY AS DEFINED BY FMHA STANDARDS. Elk River City Council Minutes June 15, 1992 Page 4 . 6. THAT APPROVAL IS CONTINGENT UPON THE COUNCIL'S FINDINGS RELATING TO WATER LINES, STREET IMPROVEMENTS AND STORM DRAINAGE IMPROVEMENTS NEEDED FOR THE PROJECT. 7. THAT APPROVAL IS SPECIFICALLY CONTINGENT ON THE APPLICANT FINDING A WAY TO PROVIDE STORM DRAINAGE FOR THE FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3 1/2 Consider Preliminary Feasibility Report in the matter of Holt Avenue and 4th street Improvements COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-56, A RESOLUTION OF THE CITY OF ELK RIVER ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE HOLT AVENUE AND 4TH STREET IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1 Zone Change Re9Uest by John Weicht and Midwest Commercial Brokerage Inc./P.H. . Ms. Szklarski explained that the applicant is requesting a zone change of property from R-2b/Two Family Residential and C-3/Highway Commercial to PUD/Planned Unit Development with an underlying land use of Highway Business. The affected property is located west of Highway 169, north of the elementary schools, and east of Jackson Avenue. Ms. Szklarski stated that the affected property contained 33-1/2 acres which are currently owned by Roger Dickenson and Arlyse Christek. She stated that the zone change did not include four residential homes near the southwest corner of the proposed development. Ms. Szklarski stated that a development plan for this area was reviewed in the Focus Area Studies which were adopted by the City in July of 1990. Ms. Szklarski briefly outlined the goals and objectives of that study and how this request was consistent with those goals. Ms. Szklarski stated that staff is recommending approval of the requested zone change to Planned Unit Development as it would ensure orderly growth and development of the area. Commissioner Spotts stated that the Planning Commission has also recommended approval of the zone change to PUD on a 6-1 vote. He stated that Planning Commission felt a PUD was necessary in this area as it is a sensitive area due to the existing residential uses, adjacent schools and traffic concerns. Mr. Spotts went on to state the Planning Commission recommended that this Planned Unit Development be consolidated with the Planned Unit Development to the north. Mayor Tralle opened the public hearing. John Weicht, the applicant, stated that although there remaining residential properties, two of these homes are operating businesses out of their homes. are four currently . Dennis Anderson, 18943 Jackson Avenue, stated that he was representing the four homeowners who own property along the east side of Jackson Avenue. He stated that the homeowners are concerned with the prospect Elk River City Council Minutes June 15, 1992 Page 5 . of a commercial development in their backyards and what that would to the resale value of their homes as residential property. Anderson questioned the City Council on their long range plans these four remaining homes and whether the City would try to force out. do Mr. for them Mayor Tralle stated that the City would not try to force these homeowners out, but would instead ask what the four homeowners want. He stated that if the homeowners wish to rezone their property to commercial PUD, that the City would be willing to initiate that process so that their property could be combined with this Planned Unit Development. Councilmember Kropuenske stated that if these four homes were rezoned to PUD or commercial, it would actually have an increase on their property values. However, it was not the City Council's intention to force these property owners to rezone to commercial. Councilmember Holmgren stated that by rezoning the property to Planned Unit Development, it would give the homeowners more options in how they chose to use their land; they could remain in the homes as residential units or sell them for commercial use. Councilmember Holmgren went on to state that the taxes are based on the use of the property not the zoning district. . Dennis Anderson stated that he was concerned residential he would like to see a buffer zone in commercial uses and their homes. that if they remain place between the Mayor Tralle stated that he understood Mr. Anderson's concern and that through the Planned Unit Development process, the City had the control to enforce proper setbacks and other buffering techniques. Mayor Tralle went on to state that the City needs to look at the long term goals for the City and the value that this large of a commercial development would add to the city's tax base. The City needs to establish a balance in the amount of industrial, residential and commercial property in the tax base. Councilmember Dietz questioned whether the property owners would be better off staying zoned as residential now and rezone to commercial after the project improvements were assessed. councilmember Dietz also questioned whether their assessments would be different if they were zoned commercial or residential. Terry Maurer, City Engineer, stated that the City's assessment manual spells out how properties are assessed for street, sewer and water improvem~nts and whether this assessment is based on front footage or zone classification. . Mary Temple stated that she was concerned with whether the St. Andrew's Cemetery would be assessed for upgrades of Jackson Avenue. Peter Beck, City Attorney, stated that the cemetery on Lake Orono has not been assessed for any public improvements which have been constructed over . . . Elk River City Council Minutes June 15, 1992 Page 6 the past 15 years and that he assumes this cemetery would be treated the same. There being no further comments, Mayor Tralle closed the public hearing. Councilmember Dietz asked how the homeowners felt about being included as part of this Planned Unit Development. Dennis Anderson stated that the homeowners were concerned with rezoning to Planned Unit Development because of potential assessments as commercial property, but that it would be very tough to sell their homes as residential. He stated that the main concern of the residents was assessments, especially road improvement assessments since they had recently been assessed for the upgrading of Jackson Avenue. Mayor Tralle stated that if these homes decided to rezone to commercial PUD at a later date, it would be tied in with the existing PUD. Mayor Tralle stated that he felt that it would be to the benefit of the homeowners to be zoned commercial in the long run. COUNCILMEMBER DIETZ MOVED TO APPROVE ORDINANCE 92-14, AND ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM R-2B TWO FAMILY RESIDENTIAL AND C-3/HIGHWAY COMMERCIAL TO PUD/PLANNED UNIT DEVELOPMENT WITH THE STIPULATION THAT THIS PUD BE CONSIDERED PART OF THE PUD TO THE NORTH. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO CHANGE THE UNDERLYING LAND USE OF THE AFFECTED PROPERTY TO HB/HIGHWAY BUSINESS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4 Consider Zone Change Request by Beaudry Oil Company/P.H. Janelle Szklarski, Zoning Assistant, stated that the applicant, Beaudry Oil of 335 Lowell Avenue, was requesting a rezoning for their property from C-1/Central Business to C-3/Highway Commercial. Ms. Szklarski stated that currently this property was the western boundary of the Central Business Zoning District. However, the underlying land use of the property is Highway Business. Therefore, the requested zone change would be consistent with the land use map. Ms. Szklarski stated that if the property is rezoned, it would create a nonconforming lot and structure, therefore, no additions to the structure could be approved without first obtaining a variance. Ms. Szklarski went on to state that staff is supporting the requested zone change. Commissioner Spotts stated that the recommenOed approval of the zone change. Planning Commission also Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Kropuenske stated that the downtown business association would be in favor of such a zone change if it would accommodate a quick . . . Elk River City Council Minutes June 15, 1992 Page 7 lube station as these types of services are vital to the downtown area. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 92-16, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY FROM C-1/CENTRAL COMMERCIAL TO C-3/HIGHWAY COMMERCIAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5 Conditional Use Permit Request by Beaudry oil Company/P.H. (Tabled) Janelle Szklarski, Zoning Assistant, explained that the Planning Commission tabled this request until the applicant opens up his new gas station on Highway 10 and Proctor Avenue. The Planning Commission was concerned with the amount of traffic presently on this site and they felt that the new service station would have a diminishing affect on the traffic on the Lowell Street site. Ms. Szklarski stated that the applicant plans to start construction on the new facility this fall, therefore, this item was tabled indefinitely. The City Council was in agreement with the Planning Commission's action. 5.6 Consider Conditional Use Permit Request by William D. Poague/P.H. Janelle Szklarski, Zoning Assistant, stated that the applicant is requesting a conditional use permit to construct three mini storage buildings with a total of 11,000 sq. ft. in the Avon Acres 4th Addition located at the intersection of Highway 10 and Edison Street. Ms. Szklarski stated that the proposed site plan conforms with the City codes. However, there were still some unanswered questions regarding the drainage on this site. Terry Maurer, City Engineer, stated that a drainage plan was submitted, however, the calculations were figured on a five year storm event. The City requires calculations on a 100 year storm event if the holding area has no outlet. Mr. Maurer went on to state that he received the new calculations which conformed to the City's requirements earlier that morning and that he would have a final review of these calculations in a few days. Commissioner Spotts stated that the Planning Commission had recommended approval of this conditional use permit provided that the drainage concerns were addressed and that the gate access issue be corrected. Janelle Szklarski stated that the gate access issue has been corrected on the revised site plan. Mayor Tralle opened the public hearing. William Po ague stated that he was concerned with the lack of communication between staff and himself regarding the draining issues and other submittal requirements. He recommended that the City review their procedures for informing applicants about what information is required with the submission of an application for a conditional use permit. . . . Elk River City Council Minutes June 15, 1992 Page 8 Terry Maurer, City Engineer, explained that he had informed. Mr. Poague's engineer that a 100 year event calculation was required. He further stated that he has already reviewed the calculations on paper and should have a final approval of this site within a day or two. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY WILLIAM POAGUE FOR THREE MINI STORAGE BUILDINGS TOTALLING 11,000 SQ. FT. SUBJECT TO THE FOLLOWING STIPULATIONS: 1. PROVIDED THE EXISTING TREES REMAIN, THE APPLICANT SHALL PLANT 10 SPRUCE TREES AS INDICATED ON THE LANDSCAPING PLAN AND THAT THESE TREES BE BETWEEN 5 FT. AND 6 FT. IN HEIGHT. ALSO, THAT ANY DISTURBED AREAS WHICH ARE USED FOR BUILDING, PARKING OR DRIVES SHOULD BE LANDSCAPED WITH GRASS. (A TOTAL OF 24 TREES ARE REQUIRED ON THIS SITE.) 2. THAT THE ASPHALT DRIVE ALONG EDISON STREET BE AT LEAST 10 FEET FROM THE FRONT PROPERTY LINE TO MEET THE REQUIRED SETBACK, AND THAT THIS 10 FT. AREA BE LANDSCAPED WITH GRASS. 3. THAT DRAINAGE ON THE SITE IS APPROVED BY THE CITY ENGINEER. THAT APPROPRIATE EASEMENTS FOR DRAINAGE ARE GRANTED TO THE CITY IF REQUIRED. 4. THAT SIGNAGE ON THE SITE MEET THE CITY CODE REQUIREMENTS. 5. THAT THE APPLICANT NOT BE ALLOWED TO PUT BARBED WIRE ON TOP OF THE CHAIN LINK FENCE. 6. THAT THE APPLICANT USE THE MATERIALS SPECIFIED IN HIS REQUEST (PAINTED-METAL ROOF AND Tl-ll WOOD SIDING) IN THE CONSTRUCTION OF THESE BUILDINGS. 7. THAT THIS CONDITIONAL USE PERMIT IS SUBJECT TO A TWO YEAR REVIEW. 8. THAT THE PROPOSED LIGHTING ON THE SITE BE DIRECTED AWAY FROM THE HIGHWAY RIGHT-OF-WAY AND AWAY FROM ANY NEARBY RESIDENTIAL PROPERTIES. 9. THAT THIS CONDITIONAL USE PERMIT ALSO ALLOW THE CONSTRUCTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON THIS LOT. 10. THAT THE LOCATION OF THE GATE BE SUCH THAT IT WILL NOT INTERFERE WITH TRAFFIC ON EDISON STREET. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. A short recess was taken at this time. . . . Elk River City Council Minutes June IS, 1992 Page 9 5.7 Wetland Excavation Interpretation Request by Steve Shoemaker Janelle Szklarski, Zoning Assistant, explained that several property owners in Royal Oaks Ridge were requesting to excavate approximately 30,000 cubic yards of material in order to create a duck pond in their back yards. She went on to state that according to the City's ordinance this would technically be considered a mineral excavation activity, and therefore, should be subject those requirements (zone change, CUP, and license). Steve Schoemaker, 11106 190th Avenue, showed the City plan of the area which he planned to excavate. He also photographs of the proposed excavation area. Council a site showed aerial Councilmember Dietz stated that some sort of compromise should be reached. He stated that this activity did not seem to fall under what is normally considered a mineral excavation activity. Peter Beck, City Attorney, suggested that staff draft an ordinance amendment for these types of situations. He suggested that an activity this large should still require a conditional use permit in order to have control over the activity. Councilmember Kropuenske agreed that the City should pursue an ordinance amendment to allow these types of activities, as the proposed activity would approve the appearance of the wetland, would provide habitat for wild life and would also increase the holding capacity for drainage in the area. It was the consensus of the City Council to direct staff and Attorney to draft an ordinance amendment which would address of activity. The proposed ordinance amendment should look at issues, traffic concerns particularly truck traffic, involvement of other agencies such as the DNR and Army Engineers. the City this type drainage and the Corps of The City Council directed staff to have the proposed ordinance available for the July Planning Commission meeting. 5.8 Variance Extension by Vance Zehringer Janelle Szklarski, Zoning Assistant, stated that the applicant had obtained a variance for a set back from Lake Orono in 1989. However, variances expire in two years if they are not used. Therefore, the applicant was requesting that the variance be extended so that he could construct a home on the lot. COUNCILMEMBER KROPUENSKE MOVED TO EXTEND THE VARIANCE FOR A 15 FT. SETBACK FROM LAKE ORONO BY VANCE ZEHRINGER UNTIL OCTOBER 31, 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes June 15, 1992 Page 10 . 5.9 Ordinance Amendment by the City of Elk River (Chapter 13 Utilities) Cliff Skogstad, Building Official, stated that the City had directed staff to amend Chapter 13 in December of 1991. The major areas of change include the definitions section, the well testing and pretreatment section, and the SAC (service availability charge) section. Mr. Skogstad stated that the proposed ordinance amendment has been reviewed by the City Engineer, and the City Attorney, as well as the City Environmental Consultant. Staff is recommending approval of this ordinance. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE ORDINANCE 92-17, AN ORDINANCE AMENDING SECTION 1300.00 UTILITIES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.10 Consider Model Home Request by Rick Foster (Hillside Estates) . Pat Klaers, City Administrator, stated that Rick Foster, the developer of Hillside Estates, had originally requested permission to pull three building permits for model homes prior to the plat of Hillside Estates being recorded. Mr. Klaers stated that staff has recently consulted with Mr. Foster and that this portion of his request has been withdrawn. Mr. Klaers went on to state that the City's current policy is not to allow building permits until sewer and water are in place and class 5 surface is on the streets. This policy was put in place due to problems which arose in the mid 80's when people would buy a home prior to being hooked up to City utilities. Mr. Klaers stated that staff is requesting City Council direction to evaluate that policy and possibly allow building permits to be pulled after sewer and water are in place, but before class 5 surface is on the roads. Mr. Klaers stated that the Certificate of Occupancy would not be issued until all the work is completed. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ISSUANCE OF BUILDING PERMITS AFTER CITY SEWER AND WATER ARE IN PLACE, BUT PRIOR TO CLASS 5 SURFACE BEING ON THE STREET IN HILLSIDE ESTATES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER ON BUILDING CITY COUNCIL. CARRIED 4-0. KROPUENSKE MOVED TO DIRECT STAFF TO EVALUATE THE POLICY PERMIT ISSUANCE IN NEW PLATS AND TO BRING IT BACK TO THE COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION 5.11 Conditional Use permit by Greg Houle/P.H. . Janelle 'Szklarski, Zoning Assistant, explained that the applicant is requesting a conditional use permit to construct an automated car wash at the intersection of Highway 10 and 171st Avenue. Ms. Szklarski, explained that this car wash had a series of underground tanks which collected the water and recycled it to be used in the car wash again. She went on to state that there were two issues of concern to the Planning Commission in regards to this request. One was the proposed . . . Elk River City Council Minutes June 15, 1992 Page 11 metal siding of this structure and the other was. an environmental issue. Terry Maurer, City Engineer, stated that he is recommending that a stipulation be added which states that a fourth tank be added and that an approved disposal method is used in disposing of the sediments which is contained in the tanks. Mayor Tralle opened the public hearing. Greg Houle showed the Council pictures of the proposed metal siding at this time. Commissioner Spotts stated that the Planning Commission had recommended approval of the conditional use permit. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE AN AUTOMATED CAR WASH BY GREG HOULE SUBJECT TO THE STIPULATIONS: PERMIT FOR FOLLOWING 1. THAT THE PROPOSED METAL SIDING MEETS THE INTENT OF THE CITY CODE. 2. THAT IF THE SITUATION WITH THE OWNERSHIP OF CAR WASH OR EMPLOYEES CHANGES IN THE FUTURE, THE QUESTION OF THE NEED FOR A SEPTIC SYSTEM AND/OR BATHROOMS MUST BE ADDRESSED WITH THE CITY. 3. THAT AN ADDITIONAL TANK BE ADDED TO THE SYSTEM FOR SAFETY. 4. THAT DISPOSAL OF THE SEDIMENT BE DONE BY A LICENSED SEPTIC PUMPER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1a Consider Resolution Regarding Advance Encumbrance of MSA Construction Funds COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-50, REGARDING ADVANCE ENCUMBRANCE OF MUNICIPAL STATE AID FUNDS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. CARRIED 4-0. A RESOLUTION CONSTRUCTION THE MOTION 6.1b Consider Resolution Regarding State Aid Bonds COUNCILMEMBER KROPUENSKE MOVED TO RESOLUTION REGARDING STATE AID BONDS. MOTION. 'THE MOTION CARRIED 4-0. APPROVE RESOLUTION 92-51, A COUNCILMEMBER DIETZ SECONDED THE 6.1c Consider Resolution Receiving the Feasibility Report and Ordering a PUblic Hearing on the Improvements in the Matter of the Seal Coating Improvement of 1992 COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 92-52, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE . . . Elk River City Council Minutes June 15, 1992 Page 12 IMPROVEMENT IN THE MATTER OF THE SEAL COAT IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2 Consider Appointment to Fire Department COUNCILMEMBER DIETZ MOVED TO APPROVE THE APPOINTMENT OF TERRY ELLIOTT TO THE ELK RIVER FIRE DEPARTMENT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3 Consider Ordinance Allowing Partial Prepayment of Special Assessments COUNCILMEMBER MEMBER DIETZ MOVED TO APPROVE ORDINANCE 92-18, AN ORDINANCE RELATING TO THE PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4 Consider Amendment to Senior Citizen Deferment Ordinance COUNCILMEMBER DIETZ MOVED TO RELATING TO THE DEFERRAL OF KROPUENSKE SECONDED THE MOTION. APPROVE ORDINANCE 92-19, AN ORDINANCE SPECIAL ASSESSMENTS. COUNCILMEMBER THE MOTION CARRIED 4-0. 6.5 Consider Eleanor Todahl's Request for a Senior Citizen Deferment for the Westwood Public Improvement Assessments Eleanor Todahl was present for this issue. Councilmember Holmgren explained that if Ms. Todahl were to sell her house, the assessment would have to be paid in full. Mrs. Todahl indicated she was aware of this. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-53, A RESOLUTION APPROVING DEFERRED SPECIAL ASSESSMENT FOR THE 1992 WESTWOOD IMPROVEMENT PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE CARRIED 4-0. 6.6 Consider Westwood Pay Estimate #2 COUNCILMEMBER DIETZ MOVED TO APPROVE THE PARTIAL PAY ESTIMATE #2 TO NORTHDALE CONSTRUCTION COMPANY IN THE AMOUNT OF $285,979.67 FOR WORK COMPLETED ON THE WESTWOOD IMPROVEMENT PROJECT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7 Consider Western Area pay Estimate #1 COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PAY ESTIMATE #1 TO ARCON CONSTRUCTION INC. IN THE AMOUNT OF $613,350.30 FOR WORK COMPLETED IN THE WESTERN AREA PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8 Consider Waste Water Treatment Facility Expansion Request Terry Maurer, City Engineer, briefly explained the steps needed for future expansion of the Wastewater Treatment Facility as stated in his memo dated 6/1/92. He stated that as undeveloped areas develop in Elk River the City will not have the capacity to treat these areas unless there is a major increase in the capacity of the treatment plant. Mr. . . . Elk River City Council Minutes June 15, 1992 Page 13 Maurer stated that due to the time required to upgrade the facility, it is prudent to initiate planning for facility expansion in advance of the actual need for improvements. Our treatment facility may need expansion in about 2-3 years based on the anticipated growth rate. Pat Klaers, City for this expansion, they are looking at Administrator, questioned if the City gets approval should they immediately put the MPCA on notice that expanding. Terry Maurer stated that MPCA would be contacted probably within 60 to 90 days of initiating the work. One of the first phases is to determine the ultimate need based on the City's planning documents. At that time, the MPCA would be contacted to discuss what type of treatment would be suitable for the City's new plant. COUNCILMEMBER HOLMGREN MOVED TO APPROVE TO BEGIN WORK ON THE PLANNING PROCESS AND STUDIES FOR THE EXPANSION OF THE WASTEWATER TREATMENT PLANT FACILITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.9 Set Public Hearing Date to Consider Tax Increment Financing Plan for TIF District No. 9 COUNCILMEMBER DIETZ MOVED TO SCHEDULE A PUBLIC HEARING FOR AUGUST 3, 1992 TO CONSIDER THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.9. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10 Consider Final Resolution and Documents for Tescom IRB COUNCILMEMBER KROPUENSKE MOVED TO APPROVE RESOLUTION AUTHORIZING THE ISSUANCE AND SALE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, CORPORATION PROJECT) TO FINANCE A PROJECT. SECONDED THE MOTION. THE MOTION CARRIED 4-0. RESOLUTION 92-54, A OF $1,500,000 VARIABLE SERIES 1992 (TESCOM COUNCILMEMBER DIETZ 6.11 Consider Resolution Authorizing Issuance and Awarding $101,000 1992 General Obligation Equipment Certificates Sales of COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 92-55, A RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND LEVYING TAXES FOR THE PAYMENT OF $101,000 1992 GENERAL OBLIGATION EQUIPMENT CERTIFICATES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.12 Temporary On-Sale Liquor License Request by Lion's Club for Sherburne County Fair Pat Klaers, City Administrator, stated that the City had received all the necessary material (fees, certificate of insurance, and application) in order for the Lion's Club to receive their license to temporarily sell 3.2 non-intoxicating beer on-sale during the Sherburne County Fair. Elk River City Council Minutes June 15, 1992 Page 14 . COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE TEMPORARY LICENSE BY LION'S CLUB FOR THE SHERBURNE COUNTY FAIR. DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. ON-SALE LIQUOR COUNCILMEMBER 7. Other Business There was no other business at this time. 8. Check Register Pat Klaers, City Administrator, stated that there was one additional bill to be added to the Check Register, the 1991 Fillmore Street Payment of $16,165.30. The City will retain $1,000 pending the necessary paperwork. Councilmember Dietz questioned the billing for Larkin Hoffman regarding the MSA and Western Area Improvement Bonds. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. City Administrator Update There were no items present at this time. . 10. Adjournment There being no further business, CQUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED MOTION CARRIED 4-0. HOLMGREN MOVED THE MOTION. TO THE The meeting of the City Council was adjourned at approximately 9:50 p.m. Respectfully submitted, q / . ...._LlfV-lL- ~UCLJ Janelle Szklarski Zoning Assistant .