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08-17-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT TaB ELK RIVER PUBLIC LIBRARY MONDAY, AUGUST 17, 1992 MEMBERS PRESENT: Vice Mayor Holmgren (7:55 p.m.), Councilmembers Schuldt, Kropuenske, and Dietz MEMBERS ABSENT: Mayor Tralle STAFF PRESENT: Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Stephen Rohlf, Building and Zoning Administrator; Janelle szklarski, Zoning Assistant; Phil Hals, Street/Park Superintendent; Terry Maurer, City Engineer; Peter Beck, City Attorney; and Al Nadeau, 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 Acting Mayor Schuldt. 2. Consider 8/17/92 City Council Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/17/92 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3.1. Consider 8/3/92 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE TO 8/3/92 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3.2. Consider 8/10/92 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. 3-0. 8/10/92 CITY COUNCIL THE MOTION CARRIED 4. Open Mike John Wire, representing United Way, requested a variance from the Council for a portable billboard to support a fund raiser for United Way. He indicated that the size of the sign would be approximately 30 feet by 12 feet and the sign would be moved to different locations from time to time. Janelle Szklarski indicated that the present sign ordinance limits the size of portable signs to 32 square feet. It was the consensus of the Council that a decision on this item would be made following Items 6.2 and 6.3 of the agenda. . . . City Council Minutes August 17, 1992 Page 2 Rolfe Anderson, representing the citizens Who Council with a petition. The petition was read by entered into the official minutes of record. Care, Rolfe presented the Anderson and 5.1. Consider Feasibility Study for the Plat of Cherryhill Bluffs Terry Maurer, City Engineer, stated that Cherryhill Bluffs is a proposed subdivision of 10 residential lots located immediately south of the Hillside Estates Subdivision. He indicated that the property owner has waived his rights to a public hearing as the improvements for Cherryhill Bluffs will be done in conjunction with the improvements to Hillside Estates Subdivision. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-76, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF THE PLANS AND SPECIFICATIONS IN THE MATTER OF THE CHERRYHILL BLUFFS IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.2. Consider Feasibility Study for the Plat of Lake Point Shores Terry Maurer stated that there is project consisting of a single family side of Highway 10 which would tie He stated that the ~aterial needed to the Planning Commission has not recommended that no action be taken reviews the preliminary plat. a proposal before the City for a subdivision located on the north into the Western Area Improvement. present the preliminary plat to been provided. Therefore, he until the Planning Commission COUNCILMEMBER KROPUENSKE MOVED TO CONTINUE THIS MATTER UNTIL THE PLANNING COMMISSION HAS REVIEWED THE PRELIMINARY PLAT OF LAKE POINT SHORES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.3. John Weicht Proposal Terry Maurer, City Engineer, indicated that John the City to consider the preparation of specifications for the proposed development Highway 169. Weicht has improvement on Jackson requested plans and Avenue and John Weicht stated that he anticipates the preparation of plans and specifications to be a long process and is requesting the City to start the process now so that work can begin on this site in 1992. Councilmember Dietz stated that the City should follow the normal procedure prior to preparing plans and specifications for the project. He indicated that the City has not yet received details of the project. Councilmember Kropuenske concurred and stated that it would be difficult to order plans and specifications prior to seeing any project plans. The City Engineer indicated that there are a number of issues which need to be resolved before proceeding with the preparation of plans and . . . City Council Minutes August 17, 1992 Page 3 specifications. These issues were addressed in a letter to the City Administrator from Terry Maurer dated August 12, 1992. It waS the consensus of the Council that the ordering of plans and specifications for the proposed project is premature and that no action be taken until the City receives more finalized plans from the de~eloper. Items 5.4., 6.1., 6.2. were continued until Councilmember Holmgren arrived due to the necessity of a 4/5 vote. 6.3. Billboard Discussion Janelle Szklarski indicated that she had been directed by Council to notify all sign companies of nonconforming billboard signs located in the City of Elk River. A main concern of the Council was the shimmering disk billboards. Janelle Szklarski stated that she sent notices to all billboard companies that had illegal signs in Elk River. She indicated that representatives from Skogland Sign Company and Franklin Advertising were present. Councilmember Kropuenske stated that since he became nonconforming sign leased by the First National Bank, he request to Western Outdoor Advertising requesting that removed, and he has authorized to stop payment for the sign. aware of a has sent a the sign be James Kleinke, of Franklin Outdoor Advertising, indicated that according to the Minnesota Department of Transportation, the shimmering disk billboards do not pose a safety hazard. He further indicated that he has made commitments to clients for shimmering disk signs. Dick Mlodzik of Skogland Outdoor Advertising questioned the Council whether the shimmering disks were a traffic hazard. He further indicated that he was not aware of the fact that the shimmering disks were illegal according to the City's sign ordinance. Steve Rohlf indicated that the sign ordinance addressed the shimmering disk under the section pertaining to animated signs. Mr. Kleinke, of Franklin Signs, requested that the Council review the State studies regarding the shimmering disk signs. He further indicated that if the Council felt that the signs created a safety hazard, that these safety hazards could be studied and addressed. Mr. Kleinke requested the Council to allow his two clients to keep the shimmering disk billboards until the contract expires. Councilmember Holmgren arrived at this time, 7:55 p.m., and assumed the posit~on of Vice Mayor. Councilmember Schuldt requested that this Planning Commission for further review. issue be sent back to the COUNCILMEMBER KROPUENSKE MOVED TO REQUEST THE REVIEW THE SIGN ORDINANCE IN REFERENCE PLANNING COMMISSION TO TO THE SHIMMERING DISK . . . City Council Minutes August 17, 1992 Page 4 BILLBOARDS AND TO COME BACK TO THE CITY COUNCIL WITH A DECISION. MAYOR HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. VICE Ed Klemish of Nowthen Country store indicated that he has signs at the intersection of County Roads 13 and 31 and County Roads 12 and 13 advertising his store. He indicated that he has been advised by the City that these signs are not permitted. Janelle Szklarski stated that the signs are located on residential property and the sign ordinance does not allow off-premise signs on residential property. Mr. Klemish raised his concern about not being able to advertise his business if the signs had to be removed. COUNCILMEMBER KROPUENSKE MOVED TO REFER THIS ISSUE BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Consider Resolution Accepting Feasibility Ordering Improvement and Preparation of Plans and Specifications and Authorize bids/4th Street and Holt Improvement Project Terry Maurer stated that he has prepared an addendum for the feasibility study for the Holt and 4th Street Improvements as requested by the City Council at the August 10 City Council meeting. The addendum to the feasibility study for the Holt Avenue and 4th Street improvement contains the following modifications: 1. Delete the reconstruction of 4th Street between Irving and Holt Avenues. 2. Widen the proposed street section on 4th Street to a maximum of 40 feet. Verify this wider section is compatible with St. Andrew's Church future plans. 3. Reduce the length of storm sewer on 4th Street to access the southeast corner of the st. Andrew's Church property. 4. Make the appropriate changes to the properties to be assessed and the assessment rates as outlined in the City Assessment Manual. COUNCILMEMBER DIETZ MOVED TO STUDY FOR STREET AND UTILITY STREET. COUNCILMEMBER SCHULDT 4-0. APPROVE THE ADDENDUM TO THE FEASIBILITY IMPROVEMENTS ON HOLT AVENUE AND 4TH SECONDED THE MOTION. THE MOTION CARRIED COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-77, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE HOLT AVENUE AND 4TH STREET IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-78, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE HOLT AVENUE AND 4TH STREET IMPROVEMENT OF 1992. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . City Council Minutes August 17, 1992 Page 5 6.1. Zone change/wapiti Park R-lb to PUD/Public Hearing steve Rohlf, Building and Zoning Administrator, stated that Wapiti Park Campground is requesting a zone change from R-lb/Single Family to PUD/Planned Unit Development with an underlying land use of Highway Business. The original request was to zone change the property to C-3/Highway Commercial, but has been revised to request a zone change to PUD. Vice Mayor Holmgren opened the public hearing. Dick Swenson stated that he was the realtor for a client who has proposed to purchase the property for an RV Sales lot. Mr. Swenson indicated that the junkyard located next to the campground was a major concern. He indicated that the funds that were supposed to be available through MnDOT to screen or remove the junkyard are not available. He further indicated that the property would not be conducive to single family residential homes and requested the Council to consider the zone change to PUD. Mr. Virgil Herrick stated that he was the attorney representing the property owner and petitioner for the zone change. Mr. aerrick stated that the property in question cannot be used or developed under its present zoning. He indicated that it was poor planning to have single family homes adjacent to a four-lane highway. He questioned whether a developer would be able to receive financing for a residential development proposal and also whether a buyer could receive mortgage money to build a home in that area. Mr. Herrick stated that the area is of mixed zoning. He stated that there are no funds available to eliminate the junkyard and even if there were money available, it would take several years to accomplish. He further indicated that the Growth Management Plan lists the property as potential commercial development. He indicated that the change he is suggesting is consistent with the overall plan and not inconsistent with zoning and the neighborhood. Carol Buschick stated that she is the property owner's realtor. She indicated that the current buyer is not objecting to the junkyard. She further indicated that the junkyard, according to MnDOT and the Environmental Quality Board, is not eligible for any funding for fencing or relocation. She stated that a majority pf the current junkyards are opting for screening as opposed to relocation. She indicated that a junkyard is not an acceptable environment for single family homes. There being no further comments, Vice Mayor Holmgren closed the public hearing. Al Nadeau, Planning Commission Representative, indicated Planning Commission recommended to deny the zone change as it to be spot zoning. that the appeared Vice Mayor property. Holmgren stated that junkyards affect the value of City Council Minutes August 17, 1992 Page 6 . Councilmember Schuldt stated that the underlying land use for the area is medium density residential. He pointed out that a new house has been built in the area and further that there is a new single family plat proposed for the area. Councilmember Schuldt stated that the junkyard was in existence before the property was purchased. He indicated that the Council must decide what is best for the future of Elk River and not to search for something that is compatible with the junkyard. He stated that the City should ultimately strive to eliminate the junkyard. He stated that when the junkyard problem is resolved, the area will continue to develop into residential homes, especially with sewer and water available. Councilmember Kropuenske stated that he does not feel the property is compatible as residential at the present time, however, he feels to rezone the property to commercial use would be adding more problems to Highway 10. He indicated that the real problem is the junkyard. Councilmember Dietz area and stated that Kropuenske. indicated that he concurred the with property is in a residential Councilmembers Schuldt and ~ Vice Mayor Holmgren stated that he would be in favor of the zone change and indicated that the campground and the proposed recreational sales would fit together well. COUNCILMEMBER KROPUENSKE MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION STATING THE FINDINGS FOR THE DENIAL OF THE ZONE CHANGE REQUEST FROM R-1B TO PUD TO BE PRESENTED AT THE NEXT CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. Vice Mayor Holmgren opposed. 6.2. Ordinance Amendment City Regulations/Public Hearing of Elk River Section 900.22 Sign Janelle Szklarski indicated that the Planning Commission reviewed four areas of the sign ordinance. The areas that were reviewed were temporary off-premise signs for nonprofit groups, window signs, off-premise directional signs, and large commercial signs. Because all related, only amendments. of the ordinance amendments under one public hearing was held for this all section were the ordinance Vice Mayor Holmgren opened the public hearing. There being no one for or against the matters, Vice Mayor Holmgren closed the public hearing. Al Nadeau, Planning Commission Representative, stated that the temporary nonprofit signs were not previously addressed in the sign ordinance. He stated that the Planning Commission recommended that temporary nonprofit signs be 32 square feet in size which is the same . as other temporary signs, and further stated that the Planning Commission recommended that these signs be limited to four signs per event. city Council Minutes August 17, 1992 Page 7 . Councilmember Kropuenske indicated that he would like to see the proposed ordinance amendment less restrictive by limiting the number of times per year to two, and limiting the number of signs per event to eight. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 92-23, AN ORDINANCE AMENDING SECTION 900.22 SIGN REGULATIONS (SUBDIVISION) (4A) (VII) SIGNS PERMITTED IN ALL ZONES WITH THE AMENDMENTS LISTED BY COUNCILMEMBER KROPUENSKE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Steve Rohlf indicated that there was a sign ordinance amendment before the Council pertaining to signs permitted in Highway Commercial Zones. He stated that he is recommending that this amendment be.referred back to the Planning Commission for further review as there is some confusion regarding the interpretation of this ordinance. COUNCILMEMBER DIETZ MOVED TO CONTINUE A DECISION ON AMENDMENT REGARDING SECTION 900.22, SUBDIVISION (4D) (IV) HIGHWAY COMMERCIAL SIGNS. COUNCILMEMBER KROPUENSKE MOTION. THE MOTION CARRIED 4-0. THE ORDINANCE PERTAINING TO SECONDED THE . Al Nadeau, Planning Commission Representative, indicated that the Planning Commission recommended approval of the ordinance amendment pertaining to window signs with a recommendation that the window signs do not involve more than 50% of the window area. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 92-24, AN AMENDING SECTION 900.22 SIGN REGULATIONS SUBDIVISION (3C) REQUIRING PERMITS." COUNCILMEMBER KROPUENSKE SECONDED CARRIED 4-0. ORDINANCE "SIGNS NOT THE MOTION The Council permitted that the ordinance discussed the off-premise directional signs which are in agricultural and residential zones. Al Nadeau indicated Planning Commission recommended approval of the proposed amendment which allows directional signs in A-I and R-l zones. Mr. Kennedy indicated that he has a suggested that the ordinance amendment directional signs instead of two. He individual directional signs be allowed feet. rural based business and allow for four off-premise further suggested that the to be larger than nine square COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE AMENDING SECTION ~00.22 SUBDIVISION 4B VII AMENDMENTS: 92-25, WITH AN THE ORDINANCE FOLLOWING 1. THAT THE RURAL BASED BUSINESS SIGNS BE ALLOWED FOUR OFF-PREMISE DIRECTIONAL SIGNS. . 2. THAT THE DIRECTIONAL SIGNS NOT EXCEED 18 SQUARE FEET IN SIZE. COUNCI LMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . City Council Minutes August 17, 1992 Page 8 COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 92-26, AN ORDINANCE AMENDING SECTION 900.22, SIGN REGULATIONS, "DEFINITIONS." COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Ordinance Amendment City of Elk River Section 720 and 900.31 Mineral Excavation/Public Hearing Janelle Szklarski stated that a request has been made from several property owners in the Royal Oaks Ridge Subdivision to excavate a marshy area behind their homes. The excavation would consist of 30,000 cubic yards of fill to be excavated from this area to create an open water wetland. Janelle Szklarski stated that because of the large amount of fill to be excavated, staff interprets this as a mineral excavation activity which would be subject to the requirements of Section 720 of the City Code involving a zone change, conditional use, permit and mineral excavation license. She explained that the applicant appealed staff's decision to the City Council. She also explained that staff has been directed by the Council to draft an ordinance amendment regarding excavation activities which do not completely meet the intent of the mineral excavation ordinance. She stated that staff is proposing to have this draft ordinance in front of the Planning Commission in August. Janelle Szklarski reviewed the memo to the Mayor and City Council which outlined the Building and Zoning Department's proposed changes to the ordinance. Vice Mayor Holmgren opened the public hearing. Mr. Shoemaker indicated that the residents are planning on building a pond and they disagree with the process which they would have to follow because of the cost to the residents. He indicated that the pond would benefit the City as the drainage from the entire area will drain into the pond. Councilmember Kropuenske indicated that he did not agree with charging the people who wish to excavate the area behind their homes mining fees. The Council discussed some of the issues pertaining to the proposed ordinances. One issue that was particularly discussed was the duration of the mineral excavation project. Ms. Szklarski stated that staff was proposing that if the extraction project exceeded 180 days, it should be subject to all requirements of Section 720 and treated as a mining operation. It was indicated that a mining permit would control the amount of disruption to neighboring residents. Councilmember Kropuenske felt that this could also be controlled through a conditional use permit and that the time limit should be extended to two years before it was considered mining. There being no further comments, Vice Mayor Holmgren closed the public hearing. It was the consensus of the City Council that the Royal Oaks Ridge Subdivision residents could make application for a conditional use permit for their mining activities. . . . City Council Minutes August 17, 1992 Page 9 6.5. Variance Doncaster/Setback Public Hearing Steve Rohlf indicated that Yankton Street have requested setback from the ordinary accommodate a garage and also setback from Yankton Street. Robert and Louise Doncaster of 18643 a 25 foot variance from the 100 foot high water mark of the Elk River to a 23 foot variance from the front yard Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, the public hearing was closed. COUNCILMEMBER SCHULDT MOVED TO GRANT A VARIANCE TO ROBERT DONCASTER OF 18643 YANKTON ST, FROM THE ORDINARY HIGH WATER MARK OF THE ELK RIVER OF 25 FEET AND A 23 FOOT VARIANCE TO THE FRONT YARD SETBACK TO YANKTON STREET TO ACCOMMODATE A THREE CAR GARAGE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Variance/Dehn Front Yard Setback/Public Hearing Janelle Szklarski indicated that Ken Dehn is requesting a 13 foot variance from the required 30 foot front yard setback to construct a 10 foot by 12 foot entryway addition. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE A 13 FOOT VARIANCE FROM THE FRONT YARD SETBACK TO KEN DEHN OF 82.3 HOLT AVENUE TO ALLOW FOR THE CONSTRUCTION OF A 10 FOOT BY 12 FOOT ENTRYWAY ADDITION FOR SAFETY REASONS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. Final Plat/Orono Heights/John Plaisted Janelle Szklarski plat approval for the intersection family lots. indicated that Mr. John Plaisted is requesting final Orono Heights. She stated the property is located at of Main Street and York and consists of 11 single John Plaisted questioned the sewer trunk assessment for the property. Pat Klaers indicated that the City would check the records to be sure that the trunk assessments have not previously been paid. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE FINAL PLAT FOR ORONO HEIGHTS WITH THE FOLLOWING STIPULATIONS. 1. THAT LOT 2 SHALL ONLY BE ALLOWED ACCESS OFF OF 183RD COURT. 2. THAT THE DEVELOPER IS RESPONSIBLE FOR LOT GRADING WITHIN THE PLAT. THIS GRADING SHOULD INCLUDE A SWALE ALONG THE EAST PLAT LINE TO CARRY RUN-OFF TO THE STREET, AS WELL AS GRADING ALONG THE WEST PLAT LINE TO CARRY RUN-OFF TO THE POND. THIS WORK IS SUBJECT TO APPROVAL BY STAFF. . . . City Council Minutes August 17, 1992 Page 10 3. THAT THE DEVELOPER IS RESPONSIBLE FOR BOULEVARD RESTORATION AND RESEEDING. 4. THAT $3,500 IN PARK DEDICATION IS PAID PRIOR TO FINAL PLAT RECORDING FOR THE 10 ADDITIONAL BUILDING SITES CREATED. 5. THAT THE EXCEPTION SOUTH OF THE PLAT BE PLAISTED'S PROPERTY TO THE SOUTH AND THAT IT IS SEPARATE, BUILDABLE LOT UNLESS IT IS REPLATTED. COMBINED WITH JOHN NOT CONSIDERED A 6. THAT A BERM FOUR FEET ABOVE THE ELEVATION OF 183RD COURT BE PLACED ALONG THE SOUTH SIDE OF 183RD COURT AT THE INTERSECTION OF YORK STREET TO BUFFER THE JOE POULIOT HOME FROM THE NEW STREET IF THIS IS AGREEABLE TO MR. POULIOT. THIS BERM SHOULD NOT INTERFERE WITH THE DRAINAGE OF THIS PLAT. ALSO, THAT THE STREET BE OFF-CENTER TO THE NORTH IN THIS LOCATION BY A MINIMUM OF SIX FEET WITH THE DISTANCE TO BE DETERMINED BY THE CITY ENGINEER. 7. THAT TWO HYDRANTS BE PLACED IN THIS PLAT, THE LOCATIONS OF WHICH ARE TO BE APPROVED BY THE FIRE CHIEF. 8. THAT SOIL COMPACTION TESTS BE CONDUCTED IN THE LOCATION OF THE EXISTING BUILDINGS PRIOR TO BUILDING PERMIT APPROVAL. 9. THAT THE DEVELOPER STREET LIGHTS, THE APPROVAL. IS RESPONSIBLE FOR THE LOCATION OF WHICH ARE TO STREET SIGNAGE AND BE PER STAFF'S 10. THAT THE DEVELOPER PAY THE CITY $900 FOR THE FIRST SEALCOATING OF THE ROAD AND PLAT, AN AMOUNT ESTIMATED BY THE CITY ENGINEER. 11. THAT THE CITY ENGINEER PREPARE THE FINAL PLANS CITY SEWER, WATER, AND STREET. FURTHER, ESTABLISH AN ESCROW ACCOUNT FOR THE ESTIMATED THE PLANS AND SPECS. AND SPECS FOR THE THAT THE DEVELOPER COST OF PREPARING 12. THAT THE DEVELOPER IS RESPONSIBLE FOR SEWER AND WATER LINES TO SERVICE THE LOTS AND THAT THIS WORK IS SUBJECT TO APPROVAL BY STAFF. ALSO, THAT THE DEVELOPER PROVIDE THE CITY WITH ASBUILTS OF THE SEWER AND WATER LINES. 13. THAT THE DEVELOPER ESTABLISH A LETTER OF CREDIT FOR AN AMOUNT TO BE ESTIMATED BY THE CITY ENGINEER TO COVER THE COSTS OF IMPROVEMENTS THAT ARE PROPOSED TO BE ACCEPTED BY THE CITY. 14. THAT DEBRIS, TREES, STUMPS, ETC. MAY ONLY BE BURIED ON SITES APPROVED BY THE CITY. 15. THAT PRIOR TO OPEN CUTTING THE STREETS TO INSTALL UTILITIES, THE DEVELOPER MUST HAVE A TRAFFIC CONTROL PLAN APPROVED BY STAFF WHICH WOULD DEAL WITH ISSUES SUCH AS FULL RESTORATION OF STREETS, MAINTENANCE OF TRAFFIC FLOW AND BONDING TO ENSURE RESTORATION. . . . City Council Minutes August 17, 1992 Page 11 16. THAT THE DEVELOPER REIMBURSE THE CITY FOR ALL COSTS INCURRED IN REVIEWING THIS PLAT PRIOR TO FINAL PLAT APPROVAL. 17. THAT THE DEVELOPER HAS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL TO COMPLETE THE IMPROVEMENTS TO THE PLAT. 18. THAT THE GARAGE FLOOR ELEVATIONS FOR NEW HOUSES WITHIN THIS PLAT SHALL BE AS LISTED ON THE PRELIMINARY PLAT. ALSO, THAT THE LOWEST FLOOR ELEVATION OF HOUSES WITHIN THIS PLAT MUST BE AT LEAST 876.9 FEET ABOVE MEAN SEA LEVEL OR ONE FOOT ABOVE MOTTLED SOIL. 19. THAT THE DEVELOPER PROVIDE THE CITY WITH A TITLE OPINION PRIOR TO THE RECORDING OF FINAL PLAT. 20. THAT YORK STREET SHALL BE RESTORED FOLLOWING ITS OPEN CUTTING AND THAT THE COST OF THE RESTORATION OF YORK STREET SHALL BE PAID BY THE DEVELOPER. 21. LANDSCAPING AND SCREENING ON THE POULIOT'S PROPERTY SHALL BE AS REQUIRED BY THE BUILDING AND ZONING ADMINISTRATOR. 22. THAT THE DEVELOPER ENTER INTO A DEVELOPER AGREEMENT WITH THE CITY REGARDING THE STIPULATIONS. ALSO, THAT A TRUNK SANITARY SEWER AND TRUNK WATER MAIN ASSESSMENT OF $3,800 PER ACRE BE SET IN THE DEVELOPER AGREEMENT UNLESS THE 1988 ASSESSMENT AGREEMENT AFFECTS THE AMOUNT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.8. PUD Discussion COUNCILMEMBER KROPUENSKE MOVED TO FUTURE DATE TO BE DETERMINED BY STAFF. THE MOTION. THE MOTION CARRIED 4-0. DISCUSS THE PUD DISCUSSIONS AT A COUNCILMEMBER SCHULDT SECONDED The Council recessed at 10:20 p.m. and reconvened at 10:32. 7.1. Mayoral Appointment HRA Vacancy Pat Klaers indicated that Dick Hinkle's term on the Redevelopment Authority expires on 8/31/92. He stated that has requested to be reappointed to the Commission. indicated that the City staff would like to have the term with the other HRA terms by ending on December 31. Housing and Dick Hinkle Pat Klaers be uniform COUNCILMEMBER SCHULDT MOVED TO RECOMMEND TO MAYOR TRALLE TO EXTEND THE TERM OF DICK HINKLE ON THE HRA FROM 8/31/92 TO 12/31/92. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Election Judges COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-79, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION TO BE HELD City Council Minutes August 17, 1992 Page 12 . SEPTEMBER 15, 1992. MOTION CARRIED 4-0. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE 7.3. Street/Parks Department Issues Phil Hals, Street/Park Superintendent, recommended that the following pay increases be initiated: Dennis Jenson, 61~ per hour effective September 1, 1992 Terry Bye, 61~ per hour effective October 1, 1992 Milt Tuttle, 61~ per hour effective January 1, 1993 Phil Hals indicated that by increasing the wages of these three employees, all street Department employees would be at the top of the Maintenance II wage schedule except for Mark Thompson who is the only person in the Maintenance III schedule. Phil indicated that it was appropriate to increase the salaries as he has a small department that accomplishes a wide range of tasks that requires a wide range of skills. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE SALARY RECOMMENDED BY THE STREET/PARK SUPERINTENDENT AS FOLLOWS: INCREASES DENNIS JENSON, 61~ PER HOUR EFFECTIVE SEPTEMBER 1, 1992 TERRY BYE, 61~ PER HOUR EFFECTIVE OCTOBER 1, 1992 MILT TUTTLE, 61~ PER HOUR EFFECTIVE JANUARY 1, 1993 . COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. Street Department Employee Phil Hals indicated that the City council had approved the position for the Street/Park Department within the 1992 budget. indicated that he is recommending that Amy Borst be promoted to position. He stated that Amy has been a part-time employee with city since 1986. Laborer Phil this the Councilmember Schuldt indicated that it would not be fair to hire Amy without going through the hiring process as Amy is only a part-time summer worker. Councilmember Kropuenske indicated that this has been done before in the City and it is standard practice to hire within the organization. COUNCILMEMBER KROPUENSKE MOVED TO HIRE AMY BORST AS A LABORER FOR THE STREET/PARK DEPARTMENT EFFECTIVE OCTOBER 1, 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Schuldt opposed. 7.4. Consider Pay Estimate II Borson Construction . 7.5. Consider Pay Estimate 14 Elementary School Project 7.6. Consider Final Pay Estimate Fillmore Street Project . . . City Council Minutes August 17, 1992 Page 13 7.7. Consider Pay . 'I U Production Well Est~ma(te 7.8. Consider Pay Estimate #3 Western Area 7.9. Consider Pay Estimate tt4 Westwood Improvement Project COUNCILMEMBER SCHULDT MOVED TO APPROVE THE FOLLOWING PAY ESTIMATES: 1. BORSON CONSTRUCTION CITY HALL PROJECT PAY ESTIMATE #1 $124,053.85 2. ELEMENTARY SCHOOL PROJECT PAY ESTIMATE #4 TO S.J. LOUIS CONSTRUCTION - $47,265.70 3. FINAL PAY ESTIMATE FOR FILLMORE STREET PROJECT TO BITUMINOUS CONSULTING AND CONTRACTING COMPANY - $1,000 4. PAY ESTIMATE #1 AND CHANGE ORDER #1 TO BERGERSON CASWELL- $27,183.60 5. PAY ESTIMATE #3 WESTERN AREA IMPROVEMENT PROJECT TO ARCON CONSTRUCTION - $366,815.95 6. PAY ESTIMATE #4 WESTWOOD IMPROVEMENT PROJECT TO NORTHDALE CONSTRUCTION COMPANY - $96,961.88 COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Other Business Councilmember Schuldt requested staff to investigate the curbside newspaper boxes that have been installed in some parts of the City. He indicated that the newspaper boxes are sticking out too far and will interfere with the snowplows. Councilmember Schuldt questioned whether the City Council authorized a building permit for the storage shed that was constructed in the softball field complex. The City Administrator indicated that no authorization had been given but a building permit was obtained. The City Administrator stated that in the future any construction taking place on City-owned property would be brought to the City Council for authorization. 10. City Administrator Update 10.1. Landfill Peter Beck, City Attorney, updated the Council on the Elk River Landfill status. He indicated that at the end of June, the City Council gave the Landfill 30 days to comply with the conditional use permit. Peter Beck indicated that the landfill has not complied. It was the consensus of the City Council to proceed with the lawsuit to bring the Landfill into compliance with the conditional use permit. . . . City Council Minutes August 17, 1992 10.3. 10.4. Page 14 The City Administrator distributed a letter from David Anderson dated August 14, 1992. The letter requested $3,000 to help pay the cost of capital improvements made to the Elk River Softball Complex. Councilmember Kropuenske stated that he would authorize payment with the understanding that in the future, permission be requested by the Council prior to improvements being made. COUNCILMEMBER DIETZ MOVED TO RECOMMEND APPROVAL OF THE BILL FOR $3,000 PENDING A DECISION FROM THE PARK AND RECREATION COMMISSION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Schuldt opposed and indicated that the Council was not consulted, nor was the staff consulted prior to the improvements being made; therefore, he would not approve the request. Liquor Store Update The City Administrator distributed a memo from the Liquor Store regarding the sales for the month of July. Letter from a Westwood Citizen The City Administrator distributed a letter from Joe Berglove indicating his surprise at the minimal amount of inconvenience in the Westwood Subdivision project. 10.5. Barrington Hills 10.6. 10.7. 10.8. The City Administrator distributed a letter that was sent to Gary Santwire from the Building and Zoning Administrator regarding issues that must be cleaned up prior to proceeding with excavating in the Barrington Hills Subdivision. Tax Information The City Administrator stated that the City's share of the tax dollar collected went down over the last three years. Fourth of July Funds COUNCILMEMBER HOLMGREN MOVED TO RESCIND THE MOTION 1992, RELATING TO THE FQURTH OF JULY CELEBRATION. SECONDED THE MOTION. THE MOTION CARRIED 4-0. MADE ON JULY 6, COUNCILMEMBER DIETZ COUNCILMEMBER DIETZ MOVED TO REQUEST FUNDS FROM THE ELK LEGION FOR THE 1992 FOURTH OF JULY CELEBRATION. KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. RIVER AMERICAN COUNCILMEMBER Adoption of Relocation Assistance Plan The City Administrator indicated that Development Program application on Council is requested to adopt a relocation assistance plan. He as part of the City's Economic behalf of Tescom Corporation, the residential antidisplacement and indicated that Bill Rubin, Economic . . . City Council Minutes August 17, 1992 Page 15 Development Coordinator, has drafted a plan for antidisplacement and relocation assistance plan for City Council review. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-80, A RESOLUTION ADOPTING A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION A~SISTANCE PLAN FOR THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MO~ION. THE MOTION CARRIED 4-0. 11. Ad~ournment COUNCILMEMBER DIETZ MOVED SCHULDT SECONDED THE MOTION. TO ADJOURN THE MEETING. THE MOTION CARRIED 4-0. COUNCILMEMBER The meet~ng of the Elk River City Council adjourned at 11:35 p.m. Respectfully submitted, Sandra Thackeray City Clerk