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07-20-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT ELK RIVER PUBLIC LIBRARY MONDAY, JULY 20, 1992 MEMBERS PRESENT: Mayor Tralle, Councilmembers Schuldt, Holmgren, Kropuenske, and Dietz MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Terry Maurer, City Engineer; and Peter Beck, City Attorney OTHERS PRESENT: Dan Tveite, Planning Commission Representative 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 7/20/92 City Council Agenda COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 7/20/92 CITY COUNCIL AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 6/25/92 Joint Sherburne County Board of Commissioners/City Council Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 6/25/92 JOINT SHERBURNE COUNTY BOARD OF COMMISSIONERS/CITY COUNCIL MINUTES. COUNCI LMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 6/29/92 Joint City Council/Utility Commission Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 6/29/92 JOINT CITY COUNCIL/UTILITY COMMISSION MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3. Consider 7/6/92 City Council Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 7/6/92 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained as he was on vacation. 4. Open Mike 4.1. Presentation by Rotary Club Representatives Regarding Sister City Proposal e. e e City Council Minutes July 20, 1992 5.1. 5.2. Page 2 Dr. Flannery and Don Heinzman, Rotary Club members, presented a Sister City Proposal to the City Council. A request was made for the City of Elk River to join the City of Nuevo Gaulcho in El Salvador in the Sister City Program. It was noted by both Dr. Flannery and Don Heinzman that the Sister City relationship would not require the City of Elk River to contribute any type of money to the project. It was the consensus of the City Council to draft a resolution in support of the Sister City program. COUNCILMEMBER KROPUENSKE MOVED TO WORK WITH THE ELK RIVER ROTARY CLUB IN ESTABLISHING A SISTER CITY RELATIONSHIP WITH THE CITY OF NUEVO GAULCHO IN EL SALVADOR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Westwood/Eleanor Todahl Eleanor Todahl informed the Council that the citizens of Westwood were under the impression that the Westwood Project would include the installation of street lights. She stated that after talking to the Elk River Utilities, she was informed that it would be three to five years before the area receives street lights. Mayor Tralle explained that the street lights are funded by the Elk River Municipal Utilities and that there is a three member Committee formed that determines which street lights will be installed each year. He indicated that the Utilities allow for 15 lights per year to be installed. Eleanor Todahl stated that when the City Council is doing a project, they should including street lights as part of the project. She indicated that if the City could not afford to pay for the street lights, it could be added to the assessment. Mayor Tralle indicated that the City Council would take this suggestion into consideration for future improvement projects. Drainage - Tom Brindamour Tom Brindamour indicated that he was having a drainage problem at Highland and Lowell. He stated that as of July II, he has had water standing where he has never experienced this previously. The City Council requested the City Engineer to work with Tom Brindamour on this matter. Consider Zone Change Wapiti Park R-lb to C-3/Public Hearing - Withdrawn Steve Rohlf, Building and Zoning Administrator, indicated that the petitioners have withdrawn their original request to have the property considered for C-3 Highway Commercial. He stated that they are now requesting to have the property considered for rezoning to PUD with an underlying land use of Highway Business. This request will be heard by the Planning Commission at the July 28 meeting before Council consideration. Vance Zehringer Interpretation . . . City Council Minutes July 20, 1992 Page 3 steve Rohlf explained that Vance Zehringer is requesting an interpretation to the City's setback ordinance. He explained that Mr. Zehringer is proposing to build a house on Lake Orono. Mr. Zehringer explained that there is an empty lot on one side of his lot and he is requesting the Council to allow him to build his home to line up with the existing home on the other side of his property. Mr. Zehringer indicated that this would encroach eight feet on the 30 foot front yard setback. Mr. Zehringer further stated that he felt there were extenuating circumstances which limit his building to the required 30 foot front yard setback. He stated that there is a lagoon on his property which is not conducive to footings according to his builder. He further stated that most of the existing homes in the area are closer than the 30 foot front yard setback. The Council discussed whether a variance was necessary or whether the interpretation of the ordinance would suffice in this situation. steve Rohlf explained that he did not feel the interpretation meets the intent of the ordinance and felt a variance would be appropriate. Vance Zehringer indicated that if he were required to go through the variance procedure, he would have to put off building until next year. Councilmember Schuldt stated that because of the possibility that there may be a City-wide affect on the interpretation, the issue should be referred back to the Planning Commission and go through the variance process. COUNCILMEMBER SCHULDT MOVED TO REFER THE ISSUE TO THE PLANNING COMMISSION AND THEN BACK TO THE COUNCIL ON AUGUST 3, 1992, AND FURTHER TO DENY THE INTERPRETATION REQUEST. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Kropuenske stated that the interpretation may eliminate future variances and stated he would like to see the interpretation approved. THE MOTION FAILED 2-3. Mayor Tralle, Councilmember Kropuenske and Councilmember Dietz opposed. COUNCILMEMBER KROPUENSKE MOVED TO GRANT THE INTERPRETATION REQUEST BY VANCE ZEHRINGER WHICH WOULD INTERPRET SECTION 900.20(5)(F) to MEAN THAT WHEN THERE IS A STRUCTURE ON ONE SIDE ONLY OF A PROPOSED SINGLE FAMILY RESIDENTIAL HOME AND A VACANT LOT ON THE OTHER SIDE, THAT THE HOME BE ALLOWED TO LINE UP WITH THE EXISTING HOME. COUNCI LMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Holmgren and Councilmember Schuldt opposed. 5.3. Consider Zone Change C-2 to PUD/Chuba/Public Hearing 5.4. Consider Conditional Use Permit Office Complex/Chuba/public Hearing 5.5. Consider Preliminary and Final Plat "Evans/Main Addition"/Chuba Company/public Hearing City Council Minutes July 20, 1992 Page 4 . steve Rohlf explained that Mr. Dennis Chuba of the Chuba Company is proposing to build an office with three tenant spaces. He indicated that the property is currently zoned C-2 and that Mr. Chuba is requesting a zone change to PUD in order to create three zero lot line units. He further stated that if the zone change is approved, a conditional use permit will be required. Dan Tveite, Planning Commission Representative, stated that although several issues were discussed, the Planning Commission voted to recommend approval of the zone change to a PUD and of the conditional use permit. Mayor Tralle opened the public hearing for the conditional use permit, the zone change, and the preliminary plat. There being no comments from the public on either of the issues, Mayor Tralle closed the public hearing. Councilmember Kropuenske stated that he is the lender for the Developer, and therefore, he will withdraw from any discussion or motions on the issue. . COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 92-21, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY FROM C-2 OFFICE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained. Steve Rohlf suggested that C-2 uses be allowed in the Planned Unit Development. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY DENNIS CHUBA FOR THE PROPOSED OFFICE BUILDING WITH THE FOLLOWING STIPULATIONS: 1. THAT DRAINAGE SETBACKS, BUILDING DESIGN, LANDSCAPING, PARKING AND DRIVES ARE BUILT AS PROPOSED ON THE SITE PLAN. 2. THAT AN ASSOCIATION AGREEMENT IS REVIEWED BY THE CITY ATTORNEY PRIOR TO RECORDING. THIS AGREEMENT MUST SPELL OUT WHAT RESPONSIBILITY LIES WITH WHOM REGARDING THE MAINTENANCE OF PARKING, DRIVE, COMMON AREA, LANDSCAPING AND UTILITIES. ALSO, THE AGREEMENT MUST SPECIFY THAT ALL THREE LOTS HAVE RIGHTS TO ACCESS THEIR LOTS WITH PARKING, DRIVE AND UTILITIES. FURTHER, THAT THE CITY HAS RIGHTS TO ACCESS WATER SHUT-OFFS FOR THE VARIOUS LOTS. LASTLY, THE AGREEMENT MUST ASSURE THAT DISPUTES THAT COULD ARISE BETWEEN PROPERTY OWNERS WILL NOT INVOLVE THE CITY. 3. THAT THE CUP APPROVAL IS SUFFICIENT FOR A PUD AGREEMENT. . 4. THAT THE LANDSCAPING ALONG EVANS BE THE TYPE OF TREES THAT ARE SLOW GROWING AS TO NOT INTERFERE WITH UTILITY LINES. . . . City Council Minutes July 20, 1992 Page 5 5. THAT ALL THREE UNITS CANNOT BE USED AS PROFESSIONAL OFFICES WITHOUT ADDRESSING THE TWO EXTRA PARKING STALLS THAT WOULD BE NEEDED. 6. THAT C-2 USES ARE ALLOWED IN THE PUD. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF EVANS/MAIN ADDITION LOCATED AT LOTS 4 AND 5, BLOCK 21, VILLAGE OF ELK RIVER WITH THE FOLLOWING CONDITIONS: 1. THAT A SIX FOOT DRAINAGE AND UTILITY EASEMENT IS DEDICATED ON THE WEST AND SOUTH PROPERTY LINES AND A TEN FOOT DRAINAGE AND UTILITY EASEMENT IS DEDICATED ON THE NORTH AND EAST SIDES. 2. THAT $1500 IS PAID IN PARK DEDICATION FEES FOR THE CREATION OF THESE LOTS. THE CURRENT RATE FOR CITY SEWERED AND WATERED COMMERCIAL LAND IS $1500 PER ACRE WITH THE MINIMUM UNIT BEING ONE ACRE. THE PLAT IS ABOUT ONE-HALF ACRE IN SIZE. 3. THAT IT IS ALLOWABLE TO POUR FOOTINGS PRIOR TO RECORDING THE PLAT. IN CASE OF MINOR ERRORS, THE PLAT DRAWING CAN BE ADJUSTED, ACCURATELY DEPICTING THE ZERO LOT LINES. 4. THAT NO DEVELOPER AGREEMENT IS NECESSARY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Kropuenske abstained. 5.6. Variance Request by Bill Honek/Public Hearing Steve Rohlf indicated that Mr. Honek is requesting a 70 foot encroachment on the 150 foot setback to the ordinary high water mark of a natural environmental water (Pintail Pond). Steve Rohlf stated that the property in question is located within an R-1a zone and has a side setback of 20 feet. He indicated that Mr. Honek's request is to locate his house 40 feet from the east property line. Steve Rohlf stated that Dale Homuth of the DNR has agreed to the variance, but is requesting that the variance be as minimal as possible. Dan Tveite stated that the Planning Commission recommended approval of the variance with the amount of encroachment to be as minimal as possible. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUESTED BY MR. HONEK PROVIDED THAT THE HOUSE AND SEPTIC SYSTEM REMAIN AT LEAST 100 FEET FROM THE ORDINARY HIGH WATER MARK. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes July 20, 1992 Page 6 . 5.7. Consider Zone Change R-4 to PUD/Guardian Angels/public Hearing 5.8. Consider Conditional Use Permit/Guardian Angels/Senior Housing Facility/Public Hearing 5.9. Consider Preliminary and Final Plat Approval/"Guardian Angels Addition"/Public Hearing Janelle Szklarski, Zoning Assistant, stated that the Guardian Angels Foundation is requesting to rezone their property from R-4 Multiple Family Residential to PUD Planned Unit Development. The applicant is also requesting a conditional use permit for site plan approval of a senior housing facility and preliminary and final plat approval through the administrative subdivision process for a total of four lots and four outlots. . Janelle Szklarski explained that the zone change to PUD is being requested to gain flexibility which is needed to develop a senior citizen housing facility. Janelle Szklarski stated that the request for a conditional use permit is to construct a 53 unit four story senior citizen housing facility. She further indicated that the applicant is requesting to reduce the parking stalls to 17. She indicated that grading and drainage has been reviewed by the City Engineer and that there are some necessary easements required. She suggested that the easements be acquired through the plat but also be incorporated into the conditional use permit. Janelle Szklarski stated that the applicant is also requesting a preliminary and final plat of four lots and four outlots. She stated that the main reason for requesting the preliminary and final plat is to eliminate the metes and bounds legal description and that the zone change and the conditional use permit could be allowed without going through the platting process. Janelle Szklarski further indicated that the Guardian Angels have requested the City Council to waive the park dedication fee. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission recommended approval of the rezoning and the conditional use permit with certain stipulations. Mayor Tralle opened the public hearing for the zone change, conditional use permit, and preliminary plat. Carol Mills of the Guardian Angels Foundation thanked the Council for their consideration of the matters before them and requested the Council's consideration in the waiving of the park dedication fees. . Councilmember Kropuenske discussed the possibility of the Guardian Angels donating a piece of land for park land as opposed to paying the park dedication fee. Carol Mills stated that the Guardian Angels does provide some recreation through their fitness trail. She also stated she did not feel she could speak for the Board of Directors regarding the donation of land in lieu of park dedication. City Council Minutes July 20, 1992 Page 7 . Councilmembers Dietz and Holmgren both stated their opposition to the waiving of the park dedication fees. Discussion was held regarding the fact that senior citizens bring people into the City that use parks and also the fact that seniors use the parks. Carol Mills indicated she felt the City's current policy of park dedication fee had some inequities and that an apartment complex is expected to pay $350 per unit and residential homes pay the same. She stated that this would be unfair especially for a senior high rise facility. Councilmember Kropuenske stated he felt a compromise should be made in this situation due to the fact that the conditional use permit and zone change could be done without going through the platting process. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 92-22, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTY FROM R-4 MULTIPLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. . COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT AS REQUESTED BY GUARDIAN ANGELS FOUNDATION TO CONSTRUCT A 53 UNIT FOUR-STORY SENIOR HIGH RISE FACILITY IN A PUD ZONE WITH THE FOLLOWING STIPULATIONS: 1. THAT THE SETBACKS IN THIS PUD BE 30 FEET FROM THE FRONT, 10 FEET FROM THE SIDE, 25 FEET FROM THE REAR AS THEY ARE IN THE R-4 ZONING DISTRICT. HOWEVER, A ZERO LOT LINE SHOULD BE ALLOWED WHERE THE INDIVIDUAL FACILITIES CONNECT. 2. THAT THE PROPOSED DENSITY OF 22.45 UNITS PER ACRE IS ACCEPTABLE IN THIS PUD. 3. THAT DRAINAGE AND GRADING ARE APPROVED BY THE CITY ENGINEER. 4. THAT APPROPRIATE EASEMENTS ARE PROVIDED FOR UTILITIES SUCH AS WATER AND ELECTRICAL LINES AND THAT CROSS EASEMENTS FOR ALL MAJOR UTILITIES ARE ALSO RECORDED. 5. THAT THE APPLICANT BRING THE SEWER LINE TO THE SECOND MANHOLE IN EVANS AVENUE. 6. THAT THE PRIVATE UTILITY LINES ARE MAINTAINED BY GUARDIAN ANGELS FOUNDATION. . 7. THAT THE APPLICANT OBTAIN APPROPRIATE PERMITS REGARDING STREET REPAIR. . . . City Council Minutes July 20, 1992 Page 8 8. THAT THE FIRE HYDRANT BE ADDED ON THE EAST SIDE OF ANGEL RIDGE AS SHOWN ON THE SITE PLAN AND THAT THE BUILDING IS FULLY SPRINKLED WITH STANDPIPES INSIDE THE BUILDING. 9. THAT THE 17 PROPOSED PARKING STALLS ON THE EAST ARE ADEQUATE FOR THIS SITE, BUT THAT A JOINT PARKING AGREEMENT BE ENTERED INTO AMONG THE THREE SENIOR HOUSING FACILITIES TO ENSURE THAT ADEQUATE PARKING IS AVAILABLE. FURTHER, THAT IN AN EFFORT TO PRESERVE GREEN SPACE, THE PROPOSED PARKING LOT ON THE WEST NOT BE IMPROVED UNTIL THE NEED FOR ADDITIONAL PARKING ARISES AS DETERMINED BY THE CITY COUNCIL. 10. THAT THE APPLICANT PLANT 17 TREES AS PROPOSED ON THE LANDSCAPING PLAN. 11. THAT ALL MECHANICAL EQUIPMENT, ROOFTOP EQUIPMENT AND THE DUMPSTER ARE SCREENED ACCORDING TO THE ELK RIVER CITY ORDINANCE. 12. THAT LIGHTING MEETS THE ELK RIVER CITY CODE. 13. THAT SIGNAGE MEETS THE R-4 STANDARDS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO TABLE PRELIMINARY AND FINAL PLAT APPROVAL UNTIL AUGUST 31, 1992, SO THAT THE BOARD OF REVIEW AND CITY STAFF CAN DISCUSS THE ISSUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Easement Vacation Request by the City of Elk River Janelle Szklarski stated that the City of Elk River is requesting to vacate an easement for sanitary sewer purposes located in Lot 4, Block 1, of Elk River Industrial Park. She stated that the sewer lines do not run through the described easement and therefore, the easement is not necessary. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-64, A RESOLUTION FOR VACATING A SANITARY SEWER EASEMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5~0. 5.11. Administrative Subdivision Kelly and Colette Brown/Public Hearing Janelle Szklarski indicated that the applicant is requesting an administrative subdivision to divide a 20 acre parcel and two 10 acre parcels. She stated that staff has reviewed the request and recommends approval. Mayor Tralle opened the public hearing. . . . City Council Minutes July 20, 1992 Page 9 Cecilia Scheel questioned the location of the existing home located on the property. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY KELLY AND COLETTE BROWN WITH THE CONDITION THAT THE APPLICANT OBTAIN DRIVEWAY PERMITS FROM THE COUNTY IF NEW DRIVEWAYS ARE CONSTRUCTED ON EITHER PARCEL AND THAT $350 IN PARK DEDICATION BE PAID. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.12. Administrative Subdivision Request by Lee Rustand/Public Hearing Janelle Szklarski stated that Lee Rustand is requesting an administrative subdivision to subdivide a 60 acre parcel into a 20 acre parcel and a 40 acre parcel. She stated that the property is located at the north end of Grant Street in the northeast corner of the City. Janelle Szklarski indicated that staff reviewed the request and recommends approval as it is consistent with the City ordinance. Mayor Tralle opened the public hearing. There being no one for or adjust the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY LEE RUSTAND TO SUBDIVIDE A 60 ACRE PARCEL OF PROPERTY INTO TWO PARCELS, ONE 20 ACRE PARCEL AND ONE 40 ACRE PARCEL WITH THE FOLLOWING STIPULATIONS: 1. THAT THE APPLICANT PROVIDE THE CITY WITH LEGAL DESCRIPTIONS FOR THE TWO NEWLY CREATED PARCELS. 2. THAT THE APPLICANT PROVIDE THE CITY WITH AN EASEMENT FOR A CUL-DE-SAC ON GRANT STREET. 3. THAT THE APPLICANT PAY $350 IN PARK DEDICATION PRIOR TO THE ADMINISTRATIVE SUBDIVISION BEING RECORDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. Consider Preliminary and Final Plat Approval "Scottsdale"/Public Hearing Steve Rohlf stated that Scott and Robin Fitzgerald are requesting a preliminary and final plat approval to create four parcels. Steve Rohlf indicated that staff has reviewed the request and recommends approval. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. . . . City Council Minutes July 20, 1992 Page 10 COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF SCOTTSDALE REQUESTED BY SCOTT AND ROBIN FITZGERALD WITH THE FOLLOWING STIPULATIONS: 1. THAT LOT 1, BLOCK 1, HAVE ACCESS OFF ZUMBRO AVENUE AND NOT MEADOWVALE ROAD. 2. THAT $1,050 BE PAID IN PARK DEDICATION FEES FOR THREE NEWLY CREATED LOTS. 3. THAT THE MAXIMUM SLOPE FOR DRIVEWAYS IS 10% AND THAT THIS IS ACCOMPLISHED BY DESIGNING HOUSES WITH TUCK-UNDER GARAGES IF NECESSARY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 9:00 p.m. and reconvened at 9:10 p.m. 5.14. Consider Players Club Billiards Conditional Use Permit Review/Public Hearing Janelle Szklarski stated that on April 20, 1992, the City Council approved a request by the Player's Club Billiard Hall to temporarily extend the hours of operation on Saturday mornings until 3:00 a.m. for a trial period of three months. Janelle Szklarski stated that according to the City Council meeting, the decision as to whether or not to continue the extension of hours would be based on the number of police calls, complaints, litter problems, and other violations of the original conditional use permit. Janelle Szklarski indicated that since the temporary extension of hours in April, staff has received only one formal complaint. She further noted that staff has noticed a decrease in the amount of litter in the parking lot and nearby green area. Janelle Szklarski referred the Council to the Police Report attached to the memo. According to the Police Reports, there have been a number of calls to the site within the last three month. Most of the calls were juvenile related, however, some of them were just normal calls for service such as opening locked car doors. Discussion was held regarding the number of under aged smoking violations in the area. It was also noted that the Police Chief submitted a memo to the Council which stated that during the three month period, the Police Department has not had any problems during the extended hours however, there have been numerous calls during other times in relation to liquor and tobacco law violations. He restated that his recommendation remains the same as far as extended hours, which is to deny the request to extend the hours. Mr. Wilson, owner of the Players Club, indicated that he was unaware of the numerous Police Reports and police calls to his establishment. He stated his desire to continue to remain open with extended hours and further suggested that he work with the juveniles to rectify the juvenile tobacco problem. . . . City Council Minutes July 20, 1992 Page 11 Councilmember Kropuenske stated that the Guardian Angels is located in a residential setting and further indicated that there is a residential property to the west of the Players Club center. He stated that when the PUD was established, hours of operation were set and extending the hours would be going against all previous planning for the area. Tim O'Brien, Administrative Assistant of the nursing home, stated that they have been keeping a log of complaints during the three month time period. He reviewed the complaints with the Council and indicated his opposition to the extension of hours. COUNCILMEMBER KROPUENSKE MOVED TO DENY THE REQUEST BY PLAYERS CLUB BILLIARDS TO EXTEND THE HOURS OF OPERATION FROM 1:00 A.M. TO 3:00 A.M. ON SATURDAYS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Councilmember Schuldt stated he was opposed to the extension of hours from the beginning. Councilmember Dietz indicated that he has had some negative calls from residents regarding the extension of hours. Councilmember Holmgren stated that the operation has been cleaned up during the trial period. Councilmember Holmgren further stated that the 3:00 issue is out of context as the real issue is whether or not the Billiards Center should be in its present location. He indicated that two more hours of operation would not be a great concern. MOTION CARRIED 4-1. Councilmember Holmgren opposed. 5.15. Custom Motors Junkyard Steve Rohlf indicated that the City Council had directed the Planning Commission to review whether or not the City should initiate a zone change for Custom Motors property. A zone change from industrial to single family would make them consistent with the land use map and start a five year amortization period for the junk yard business. Dan Tveite stated that the Planning Commission recommended that the owners have time to develop an action plan regarding the site and further, that the developers bring the plan to the Planning Commission in August. 5.16. Other Steve Rohlf stated that work on the Highway 101 project would be done at night as required by Minnesota Department of Transportation. He stated that as a point of information, Barton's Sand & Gravel will be in operation during the evening so as to supply the material to the contractors working on Highway 101. Steve Rohlf updated the Council on the following future ordinance amendments to be considered by the Planning Commission: zero lot line in commercial areas; issuance of building permits after platting; and uses of PUD's. It was the consensus of the Council to initiate these three ordinance amendments. . . . City Council Minutes July 20, 1992 6.1. 6.2. 6.3. Page 12 Public Hearing for Sealcoating of 165th Avenue/Tabled Assessment Hearing for Sealcoating Project/165th Avenue/Tabled Pat Klaers stated that the City Council had called for a public hearing to be held on the sealcoating project in relation to 165th Avenue due to the heavy RDF truck traffic on the road. He indicated that City staff is negotiating an agreement with the RDF Board and it is proposed to split the expenses between NSP and the City of Elk River. The City Administrator requested that the public hearings be tabled until the Letter of Understanding can be signed by both the City and the RDF Board. COUNCILMEMBER SCHULDT MOVED TO TABLE THE PUBLIC HEARING AND THE ASSESSMENT HEARING ON THE SEALCOATING/165TH AVENUE PROJECT UNTIL AUGUST 3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Sealcoating Bids Terry Maurer, City Engineer, indicated that the City received four bids for the 1992 sealcoating project with the low bidder being Astech Corporation, at $43,759.79. Councilmember Schuldt indicated that there have been some complaints about the job Astech did for the City last year. Terry Maurer stated that staff has negotiated an agreement to have Astech do additional work in order to rectify the problems. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-65, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE STREET SEALCOATING IMPROVEMENT OF 1992. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Consider Pay Estimate #2 for Western Area Project COUNCILMEMBER DIETZ MOVED TO APPROVE PAY ESTIMATE #2 TO ARCON CONSTRUCTION IN THE AMOUNT OF $399,620.75 FOR WORK COMPLETED ON THE WESTERN AREA IMPROVEMENT PROJECT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Consider Pay Estimate *3 for Westwood Project 6.6. COUNCILMEMBER SCHULDT MOVED TO APPROVE PAY ESTIMATE *3 TO NORTHDALE CONSTRUCTION IN THE AMOUNT OF $165,043.09 FOR WORK COMPLETED ON THE WESTWOOD IMPROVEMENT PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Feasibility Study Holt and Fourth Avenue Terry Maurer stated that the improvements would consist of minor upgrades to the sanitary sewer and water facility storm sewer and street improvements. The street improvements on 4th Street would . . . City Council Minutes July 20, 1992 Page 13 include modifications to the parking area in front of St. Andrew's Church and the proposed storm sewer on 4th street provides capacity for the future expansion of the St. Andrew's Church campus. Terry Maurer explained that the Holt Avenue improvements address sanitary sewer, water and storm sewer needs for the proposed Elk Terrace development. Mary Temple stated she was present representing St. Andrew's Church. Staff requested Mary Temple to contact St. Andrew's Building Committee and encourage them to meet with City staff to discuss the impact this project would have on St. Andrew's future building plans. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-66, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE HOLT AVENUE AND FOURTH STREET IMPROVEMENT OF 1992. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Set Public Hearing Date to Consider Tax Increment Financing Plan for District No. 10 Mayor Tralle stated that Elk Terrace Ltd. Partners has requested $92,000 in Tax Increment Financing assistance to support its proposed construction of a senior housing project that will be financed by Farmers Home Administration. He further stated that the apartment building will be constructed on a redevelopment site at Holt and Fourth Street in Elk River and TIF funds will be used to write down the acquisition of the development site, to cap existing utility lines, to demolish two existing single family residences and to grade the site. Mayor Tralle noted that the Council is requested to schedule a public hearing to consider the TIF Plan. COUNCILMEMBER SCHULDT MOVED TO SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 8, 1992, TO CONSIDER A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 10. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Designate certifying Officer for Environmental Review Record Mayor Tralle noted that the City Council must designate a Certifying Officer whose primary responsibility will be to conduct Environmental Review Records. Mayor Tralle explained that the request originates from the proposed grant application to DTED regarding the Tescom expansion project. He indicated that an environmental review of DTED funded projects is a requirement of the National Environmental Policy Act. COUNCILMEMBER DIETZ MOVED TO DESIGNATE BILL RUBIN AS THE CERTIFYING OFFICER FOR THE ENVIRONMENTAL REVIEW RECORD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Consider MnDOT Traffic Control Agreement for Signalization of Intersection Trunk Highway 169/Jackson Avenue-193rd Avenue . . . City Council Minutes July 20, 1992 Page 14 Terry Maurer stated that the traffic agreement between the state of Minnesota and the City of Elk River is ready to be executed for the signalization of the intersection of Highway 169 and Jackson Avenue and 193rd Avenue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-67, A RESOLUTION ENTERING INTO A TRAFFIC CONTROL SIGNAL AGREEMENT BETWEEN MNDOT AND THE CITY OF ELK RIVER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Register COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5~0. 8. Other Business , There was no other business presented. 9. City Administrator Update No issues were presented under this item. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:15 p.m. Respectfully submitted, S WJlL!Ai.{ //)<<CJ:JAfzfj tt Sandra Thackeray City Clerk