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09-21-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT SALK JUNIOR HIGH COMMONS AREA MONDAY, SEPTEMBER 21, 1992 MEMBERS PRESENT: Mayor Tralle, Councilmembers Schuldt, Kropuenske, Dietz, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Cliff Skogstad, Building Official; Peter Beck, City Attorney; Terry Maurer, City Engineer; and Rita Johnson, 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 7:05 p.m. 2. Consider 9/21/92 City Council Agenda Item 7.1. - School Police Services, was added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/21/92 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Open Mike No one appeared for this item. 4. Insurance Renewals/Dan Greene Dan Green reviewed the renewal premium summary for the City of Elk River property casualty insurance and the Worker's compensation insurance. He stated that there are no rate increases in the program. He indicated that the insurance rates are based on revenues and that the premium is up slightly higher due to growth and not due to premium increases. Dan Greene stated that the total premium for the City of Elk River property casualty insurance is $150,414. He indicated that the City received a dividend in 1991 from the League of Municipal Cities insurance trust of $38,268. Dan Greene suggested that the City renew its insurance coverage with the League of Munioipal Cities. Dan Greene reviewed the Worker's Compensation insurance program through the League of Municipal Cities. Dan Greene recommended that the City continue its Worker's Compensation coverage though the League of Minnesota Cities Insurance Trust. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE INSURANCE PROPOSAL FOR THE CITY OF ELK RIVER PRESENTED BY DAN GREENE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . City Council Minutes September 21, 1992 Page 2 5.1. Preliminary Plat Review and Variance Request for Elk Park Center East by John Weicht/Public Hearing Steve Rohlf, Building and Zoning Administrator, stated that this issue was continued to the Planning Commission's September meeting by the request of the applicant. He suggested that the Council continue this public hearing meeting until the October 19 City Council meeting. Mayor Tralle opened public hearing will be Council meeting. the public hearing. Mayor Tralle stated that the continued until the October 19, 1992, City COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PRELIMINARY PLAT REVIEW AND VARIANCE REQUEST FOR ELK PARK CENTER EAST UNTIL THE OCTOBER 19, 1992, CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Conditional Use Permit Request by SuperAffierica/public Hearing Janelle Szklarski, Zoning Assistant, Commission continued any action on Planning Commission meeting. stated this item that until the Planning the September Mayor Tralle opened the public hearing. Steve Rohlf recommended that the City Council continue the public hearing until this item has been heard by the Planning Commission. COUNCILMEMBER SCHULDT MOVED TO CONTINUE THE PUBLIC HEARING ON THE CONDITIONAL USE PERMIT REQUESTED BY SUPERAMERICA UNTIL THE OCTOBER 19, 1992 CITY COUNCIL MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Preliminary Plat Review and Conditional Use Permit for Elk Park Center West by John Weicht/Public Hearing Steve Rohlf, Building and Zoning Administrator, stated that the Planning Commission continued this issue at its last meeting because the preliminary plat application was not in compliance with the City's Subdivision Ord~nance. Mayor Tralle opened the public hearing. Mayor Tralle stated that the City Council will continue the public hearing on this item until the issue has been heard by the Planning Commission. COUNCILMEMBER SCHULDT CONDITIONAL USE PERMIT LATER DATE AT WHICH ISSUE. COUNCILMEMBER CARRIED 5-0. MOVED TO CONTINUE THE PUBLIC HEARING ON THE FOR THE ELK CENTER WEST BY JOHN WEICHT UNTIL A TIME THE PLANNING COMMISSION WOULD HAVE HEARD THIS KROPUENSKE SECONDED THE MOTION. THE MOTION 5.4. Consider Preliminary Plat Request (Lake Point Shores) and Variance Request by Mike Leary and Marilyn VanPatten/public Hearing . . . City Council Minutes September 21, 1992 Page 3 Steve Rohlf, Building and Zoning Administrator, stated that the Planning Commission continued this public hearing until its September 22 Planning Commission meeting. Mayor Tralle opened the public hearing. Mayor Tralle stated that the City Council would continue this public hearing until the Planning Commission has heard the issue. COUNCILMEMBER SCHULDT MOVED TO CONTINUE THE PUBLIC HEARING ON THE PRELIMINARY PLAT REQUEST FOR LAKE POINT SHORE AND THE VARIANCE REQUEST BY MIKE LEARY AND MARILYN VANPATTEN UNTIL THE ISSUE HAS BEEN HEARD BY THE PLANNING COMMISSION. COUNCILMEMBER DIETZ SECONDED THE MOTION CARRIED 5-0. 5.5. Custom Motor's Action Plan Steve Rohlf indicated that Custom Motors has presented the Planning Commission with an action plan regarding the cleaning up of the junkyard. He stated that the Planning Commission needed more time to review the plan and, therefore, continued the item until another meeting. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE ANY DECISION ON CUSTOM ACTION PLAN UNTIL THE PLANNING COMMISSION CAN REVIEW THE COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. MOTORS' ISSUE. 5.6. Conditional Use Permit Renewal Temporary Classrooms for st. Andrew's Church/public Hearing Janelle Szklarski stated that st. Andrew's Church is requesting an extension to their conditional use permit which allows temporary classrooms to be used in conjunction with their regular school. Janelle Szklarski stated that in 1988, the City Council approved a variance and conditional use permit for St. Andrew's Church allowing the temporary classrooms to be located on the site. She stated that the temporary classrooms consists of a trailer structure. Janelle Szklarski stated that allowing the trailer to continue as a classroom removes the temporary status situation. She indicated that if staff treats the trailers as permanent structures, then there are a number of improvements required to meet the State Building Code. She stated that the current situation does not meet the State Building Code or the American Disabilities Act. Mayor Tralle opened the public hearing. Larry Toth, 813 Fawn Drive stated that he is a St. Andrew's Trustee. He informed the Council that St. Andrews never intended for the buildings to become permanent. He stated that the church still has hopes of building a new facility and at that time, the structures would be removed. He further indicated that the preliminary cost figures to make the temporary structures permanent far exceeds st. Andrew's budget. He indicated that it is not feasible to expect the church to spend this amount of money for a temporary structure. . . . City Council Minutes September 21, 1992 Page 4 Joanne Bednarski, Principal of st. Andrew's School, also stated that it was never intended to make the structures permanent. She stated that a major concern seems to be the American Disabilities Act and meeting the handicapped accessibility codes. She suggested that if the classroom receives a handicapped student, that the entire classroom be moved to the permanent structure of St. Andrew's School. She further stated she did not feel St. Andrews could afford to make the temporary structures permanent and indicated that the Church would rather save the money to put toward the building fund for a new facility. Jeff Gongoll questioned what was necessary to make the structure permanent. Cliff Skogstad, Building Official, explained that the State of Minnesota does not clarify temporary buildings for educational purposes. Cliff Skogstad explained what was necessary to bring the temporary buildings up to code. Larry Ebert, of 182nd Avenue, indicated that he felt the trailers were temporary structures and questioned staff's recommendation of making them permanent. He indicated that residents in the area would rather that the trailers remain temporary so that they would eventually be eliminated. steve Rohlf, Building and Zoning Administrator, indicated that the conditional use permit could have a time stipulation as a condition. City Attorney Peter Beck, indicated that the two major issues were the zoning code and the building code. He indicated that in accordance with the zoning code, the Council must decide how long the trailers should be allowed to be used for classrooms. The building code issue revolved around the question of what needs to be done to the trailers to bring them into compliance with the SBC. He further stated that on top of the State Code regulations, the ADA has added federal regulations that must be met. Rita Johnson, Planning Commission representative, indicated that the Planning Commission recommended approval of the conditional use permit for two years with the stipulation that the buildings be brought into compliance with the building code. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR AN EXTENSION OF TWO YEARS FOR THE TEMPORARY CLASSROOM WITH THE STIPULATION THAT THE TEMPORARY CLASSROOMS BE BROUGHT INTO COMPLIANCE WITH THE BUILDING CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Zoning Interpretation/Elk River Machine Steve Rohlf indicated that Elk River Machine is proposing to add a 26,000 square foot addition to an existing building. Elk River Machine is requesting an interpretation of the zoning ordinance as to whether or not an addition of this size would require an amendment to the original conditional use permit. The original conditional use permit was required because the building was considered a second principal . . . City Council Minutes September 21, 1992 Page 5 structure on a single lot. Steve Rohlf stated that staff recommends that Elk River Machine go through the conditional use permit process. However, Elk River Machine requested to not go through the CUP process because of a problem with the time it would take to go through the process. The Council concurred with staff that a CUP was necessary and suggested moving up the timeframe for the Council hearing. COUNCILMEMBER HOLMGREN MOVED TO DENY THE APPEAL TO THE CONDITIONAL USE PROCESS BY ELK RIVER MACHINE AND TO DIRECT THE MATTER TO BE HEARD BY THE CITY COUNCIL ON SEPTEMBER 28. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Kropuenske opposed. Councilmember Kropuenske indicated that he felt some this should be dealt with on a case-by-case basis. in this situation, no major chage will be made due to size of the building. issues such as He indicated that the increase in 5.8. Zoning Interpretation from SuperAmerica Janelle Szklarski stated that SuperAmerica of 200 Main Street is requesting an interpretation of the zoning ordinance. She indicated that SuperAmerica is proposing to set up a self-service shipping unit at the SuperAmerica store. The shipping unit will consist of a structure of approximately 17 feet by 7 feet and SuperAmerica is questioning whether a conditional use permit would be necessary for this addition. Janelle Szklarski indicated that the placement of this device is critical in terms of parking arrangements and traffic flow on site. She further stated that the size of the device is also critical in terms of parking arrangements and traffic flow. She further stated that the size of the device is approximately equivalent to the size of a parking stall. Bill Ferris, Representative of SuperAmerica, indicated that they have discussed two different locations for the shipping unit. COUNCILMEMBER DIETZ MOVED TO ALLOW SUPERAMERICA TO LOCATE THE SHIPPING UNIT ON THE GREENS PACE ON THE SUPERAMERICA LOT WITH THE STIPULATION THAT THE SPACE BE DESIGNATED A "NO PARKING" ZONE AND THAT THE SPACE BE STRIPED FOR SHIPPING USE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Preliminary Plat Review and Conditional Use Permit for the Plat of Cherry Hill Bluffs by Rick Foster/Public Hearing Steve Rohlf, Building and Zoning Administrator, indicated of Cherry Hill Bluffs consists of ten single family lots. that because the property is zoned PUD, a conditional required in addition to a preliminary plat approval. that the plat He indicated use permit is Rita Johnson, Planning Commission Representative, Planning Commission recommended approval of the conditional use permit with seven stipulations. indicated that the preliminary plat and . . . City Council Minutes September 21, 1992 Page 6 Mayor Tralle opened the public hearing. Rick Foster indicated that he is opposed to paying trunk assessments on the pond area. Pat Klaers, City Administrator, indicated that staff would be recommending that the pond not be assessed as it is not useable property. Steve Rohlf, Building and Zoning Administrator, stated that easements are needed for the pond area before the final plat is approved. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED CONDITIONAL USE PERMIT FOR STIPULATIONS: TO APPROVE CHERRY HILL THE PRELIMINARY PLAT AND BLUFFS WITH THE FOLLOWING 1. THAT SETBACKS WITHIN THE PLAT BE 30' FRONT, 10' SIDE, 10' REAR AND 6' SIDE YARD ON THE GARAGE SIDE ONLY. 2. THAT THIS PLAT IS FOLLOWED UP WITH AN EASEMENT VACATION FOR THE PORTION OF THE FORMER RIGHT-OF-WAY OF 193RD AVENUE THAT IS NO LONGER NEEDED AS RIGHT-OF-WAY. 3. THAT AN EMPHASIS BE PLACED ON PRESERVING TREES DURING THE CONSTRUCTION PROCESS FOR THIS PLAT. 4. THAT A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT APPROVAL. FURTHER, THAT AS PART OF THE DEVELOPMENT PLAN, GARAGE ELEVATIONS, LOWEST FLOOR ELEVATIONS AND LOT DRAINAGE PLANS ARE INCLUDED. LASTLY, THAT A SPECIFIC HOUSE PLAN FOR LOT 1, BLOCK 3, BE INCLUDED AS PART OF THIS DEVELOPMENT PLAN. IF A HOUSE PLAN SUITABLE FOR THE LOT CANNOT BE FOUND, THAT LOT MUST BE ELIMINATED FROM THE PLAT. 5. THAT AN AGREEMENT IS ENTERED INTO ACTING AS BOTH A DEVELOPER'S AGREEMENT AND PUD AGREEMENT THAT SPELLS OUT THE RELATIONSHIP OF THE ASSESSMENTS BETWEEN THIS PROJECT AND HILLSIDE ESTATES PROJECT. FURTHER, THAT THIS AGREEMENT MUST REFLECT THAT THE PROPERTY INCLUDED IN THIS PLAT PAY $3,800 PER ACRE FOR TRUNK ASSESSMENT IN ADDITION TO LATERAL ASSESSMENTS. 6. THAT $3,500 IN PARK DEDICATION BE PAID FOR THE TEN ADDITIONAL LOTS CREATED. 7. THAT SLOPES IN EXCESS OF 30% ON LOT 3, BLOCK 1, BE PROTECTED BY AN EASEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10. Alteration of a Nonconforming Sign Request by the Bank of Elk River/Public Hearing Janelle Szklarski indicated that the Bank of Elk River is requesting to go through the process for the relocation or alteration of a . . . City Council Minutes september 21, 1992 Page 7 nonconforming sign. The Bank of Elk River currently has two freestanding signs and is requesting to add a third sign on the east side of the building in the newly landscaped area. The Bank of Elk River has indicated that they would be willing to remove one sign in order to erect the new sign which would be in the form of a rock with the Bank logo and name attached to it. Rita Johnson, Planning Commission Representative, stated that the Planning Commission recommended approval of the request subject to the Bank removing the freestanding sign on the Main Street side. Mr. Babcock, representing the Bank of Elk River, indicated that the Bank is proposing to put an identification sign on the newly landscaped area and that the Bank is willing to give up the sign on the Main Street side for this new sign. Councilmember Kropuenske stated that the sign will be an enhancement to the community. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE THE PLACEMENT OF THE FREESTANDING SIGN TO BE LOCATED IN THE NEWLY LANDSCAPED AREA WITH THE CONDITION THAT THE EXISTING SIGN ON THE MAIN STREET SIDE BE REMOVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. The Council further discussed the issue and Councilmember's Kropuenske and Holmgren indicated that the sign did not appear to be a freestanding sign. Councilmember Holmgren requested staff to look at the sign ordinance and to discuss ground signs in commercial zones. Councilmember Kropuenske stated he felt the sign ordinance was too restrictive for business. THE MOTION FAILED 1-4. Councilmembers Holmgren, Dietz, and Kropuenske, and Mayor Tralle voted against the motion. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE BANK OF ELK RIVER TO INSTALL THEIR NEW SIGN WHICH IS APPROXIMATELY 40 SQUARE FEET AND THAT THE FREESTANDING SIGN BE ALLOWED TO REMAIN ON MAIN STREET WITH THE STIPULATION THAT IT BE REMOVED IF IT IS NOT ALLOWED BY THE NEW ZONING ORDINANCE AMENDMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11. Consider Easement Vacation Request by Stephen Hearing. Hartman/Public Janelle Szklarski stated that Stephen Hartman is requesting to vacate drainage and utility easements on his property. She explained that the applicant is intending to build a detached garage across the lot line of Lots 11 and 12, Block 1, Royal Oaks Ridge. She further stated that the lots must be combined in order to build a building so that setbacks can be met, and that the easement which straddles the lot line must be vacated before a building permits can be issued. . . . City Council Minutes September 21, 1992 Page 8 Mayor Tralle opened the public hearing. Mr. Hartman was present and stated that he has combined Lots 11 and 12 and that he concurs with recommendations made by staff. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-93, A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT FOR STEPHEN HARTMAN WITH THE STIPULATION THAT LOTS 11 AND 12 BE COMBINED INTO ONE PARCEL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5~0. The Council recessed at 9:00 p.m. and reconvened at 9:12 p.m. 5.12. Easement Vacation by R.E.P. Ltd./Public Hearing Steve Rohlf, Building and Zoning Administrator, indicated that R.E.P. Ltd. is requesting to vacate a portion of a drainage and utility easement located between Lots 1 and 2 of the original plat of Barrington Place. Steve Rohlf explained that Lots 1 and 2 were reconfigured in 1987 and a new easement was dedicated at that time, making the easement of question obsolete. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-94, A RESOLUTION FOR VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13. Preliminary and Final Plat of Guardian Angels Addition by Guardian Angels Foundation/Public Hearing Janelle Szklarski stated that Guardian Angels Foundation were before the Council in July with a request to plat their property in conjunction with the Angel Ridge facility. She stated that the main issue left unresolved from that Council meeting was that of Park Dedication Fees. Ms. Szklarski stated that the Guardian Angels have met with their Board of Directors and that the Board of Directors have sent a letter to the City stating that they do not have the funds to dedicate for park dedication or the land to donate. Ms. Szklarski stated that the City Council can either waive the dedication fee and allow the plat to continue, allow the Guardian Angels to withdraw their request, or deny the request. Carol Mills, of Guardian Angels, stated that it was a unanimous decision by the Board of Directors that the Board was opposed to paying the Park Dedication Fees. She stated that their belief was that the need for parks was mainly for children in residential developments. She further stated that it is very apparent that they do not have any property to part with and, further, that Guardian Angels have allowed Fairview to use their land and this use of their land is a contribution to the community. . . . City Council Minutes September 21, 1992 Page 9 The Council discussed the decision made by Guardian Angels, but could not decide a fair way to allow the plat without Park Dedication Fees. COUNCILMEMBER DIETZ MOVED THAT THE PLAT BE DENIED DUE TO DEDICATION ISSUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. PARK Councilmember Kropuenske stated that it would have been in the best interest of the City to see the land platted. He indicated that the Guardian Angels Foundation is a service to the City. He further stated that he would like to find a way to approve the plat and eliminate the Park Dedication Fee for the Guardian Angels. Hank Duitsman, resident, indicated that it is in the best interest of the City to allow the Guardian Angels to plat their property as it is much easier to deal with platted legal descriptions than nonplatted descriptions. Carol Mills indicated that the Guardian Angels is SOlC3 nonprofit organization and suggested that Park Dedication Fees be waived for such organizations. The Council discussed this and felt that it wou.ld be appropriate to not charge SOlC3 nonprofit organizations Park Dedication Fees. COUNCILMEMBER DIETZ WITHDREW THE MOTION. WITHDREW HIS SECOND TO THE MOTION. COUNCILMEMBER HOLMGREN Councilmember Holmgren stated that seniors opportunities. He stated that although the provided trails for the seniors, he would recreational opportunities provided. do need recreational Guardian Angels have like to see additional COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PLAT OF THE GUARDIAN ANGELS ADDITION WITH THE FOLLOWING STIPULATIONS: 1. THAT APPROVAL FINAL PLAT IS PLANNED UNIT RIDGE. OF THE GUARDIAN ANGELS FOUNDATION PRELIMINARY AND CONTINGENT UPON THE APPROVAL OF THE ZONE CHANGE TO DEVELOPMENT AND THE CONDITIONAL USE PERMIT FOR ANGEL 2. THAT OUTLOTS A, B, C, AND D ARE NOT BUILDABLE UNLESS REPLATTED. 3. THAT A 10 FOOT EASEMENT FOR THE UNDERGROUND ELECTRIC PRIMARY LINES BE GRANTED TO THE CITY. 4. THAT A 20 FOOT EASEMENT FOR WATER LINES ON LOT 4 BE GRANTED TO THE CITY. 5. THAT CROSS EASEMENTS FOR SANITARY SEWER, STORM SEWER, WATER AND ELECTRIC LINES BE RECORDED WITH EACH LOT AND THAT THE CITY RECEIVE A COpy OF THESE RECORDED EASEMENTS. 6. THAT PARK DEDICATION NOT BE REQUIRED BY THE GUARDIAN ANGELS FOUNDATION DUE TO THE FACT THAT THE GUARDIAN ANGELS HAVE PROVIDED AFFORDABLE SENIOR HOUSING UNITS, BECAUSE THE GUARDIAN ANGELS IS A . . . City Council Minutes September 21, 1992 Page 10 501C3 NONPROFIT ORGANIZATION, BECAUSE THE GUARDIAN ANGELS INTEND TO USE THE PROPERTY FOR CONTINUED EXPANSION AND PROVISION OF SENIOR HOUSING AND THAT THE GUARDIAN ANGELS BE ENCOURAGED TO PROVIDE TRAILS AND CONTINUED RECREATION FOR THE RESIDENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Holmgren noted that the Dedication Fee of nonmandatory plat. Council was waiving THE MOTION CARRIED 5-0. the Park 5.14. Ordinance Amendment to Section 720 Mineral Excavation and Section 900.31 Excavation, Grading, and Filling Janelle Szklarski, Zoning Assistant, indicated that staff has drafted ordinance amendments to Section 720, titled "Mineral Excavation," and Section 900.31 to be titled "Excavation, Grading, and Filling." Rita Johnson, Planning Commission representative, stated that after thorough review of the ordinance amendments, the Planning Commission recommended approval. Rita Johnson commended staff for their work on the ordinance amendments. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 92-27, AND ORDINANCE AMENDING SECTION 720 "MINERAL EXCAVATION." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT ADDING SECTION 900.31 "EXCAVATION, CODE. COUNCILMEMBER HOLMGREN SECONDED 5-0. ORDINANCE 92-28, AN ORDINANCE GRADING, AND FILLING" TO THE CITY THE MOTION. THE MOTION CARRIED COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-95, A RESOLUTION APPROVING NOTICE OF PUBLICATION OF ORDINANCE 92-27, SUMMARY OF MINERAL EXCAVATION ORDINANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-96, A APPROVING NOTICE OF PUBLICATION OF ORDINANCE 92-28, EXCAVATION, GRADING, AND FILLING ORDINANCE. COUNCILMEMBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. RESOLUTION SUMMARY OF KROPUENSKE 5.15. Discussion Regarding Planned unit Developments The Council decided to make no decision on this item at this time and to discuss it at the October 5 Council meeting. 5.16. Issuance of Building Permits and Certificates of Occupancy Steve Rohlf, Building and Building and Zoning staff Zoning Administrator, stated that the has researched the issue of when building . . . City Council Minutes September 21, 1992 Page 11 permits and certificates of occupancy should be issued. made several recommendations regarding this issue. Steve Rohlf Rick Foster, Developer, indicated that he regarding staff's recommendation. One concern "ready for paving." He suggested that instead are "ready for paving" the words "be capable of would be acceptable. had a couple concerns was using the words of stating that roads supporting traffic" COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE STAFF RECOMMENDATIONS IN THE MEMO DATED SEPTEMBER 8, 1992, TO THE MAYOR AND CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR WITH THE CHANGE IN '2 BEING THAT ROADS HAVE A CLASS 5 BASE SUITABLE TO SUPPORTING TRAFFIC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council also discussed the erosion control policy drafted by the Building Inspection Department in a memo dated August 10, 1992. COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE EROSION CONTROL POLICY AS DRAFTED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf distributed a letter to himself from NSP dated September 18, 1992. He stated that the Refuse Derived Fuel facility is proposing to do some test burns using pellets. He stated that following the testing period, they may be before the Council requesting a conditional use permit amendment in order to continue to burn pellets. 6.1. Resolution Awarding Contract for Improvement Project 4th Street and Holt Avenue COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-97, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE HOLT AVENUE AND 4TH STREET IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Partial Pay Estimate '4 Western Area Improvements 6.3. Pay Estimate '5 Westwood Improvements 6.4. Pay Estimate '1 Hillside Estates Improvements 6.5. Estimate '2 Production Well 6.6. Pay Estimate '2 City Hall Construction COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FOLLOWING PAY ESTIMATES: 1. PARTIAL PAY ESTIMATE '4 TO ARCON CONSTRUCTION COMPANY IN THE AMOUNT OF $208,943.11 FOR WORK COMPLETED IN THE WESTERN AREA. 2. PAY ESTIMATE'5 TO NORTHDALE CONSTRUCTION COMPANY IN THE AMOUNT OF $50,857.84 FOR WORK COMPLETED ON THE WESTWOOD IMPROVEMENT PROJECT. . . . City Council Minutes September 21, 1992 Page 12 3. PAY ESTIMATE #1 TO R. L. LARSON EXCAVATING IN THE AMOUNT $186,648.68 FOR WORK COMPLETED IN THE HILLSIDE ESTATES IMPROVEMENTS 4. PAY ESTIMATE '2 TO BERGERSON CASWELL IN THE AMOUNT OF $20,962.60 FOR WORK ON THE WESTERN AREA PRODUCTION WELL. 5. PAY ESTIMATE '2 TO BOR-SON CONSTRUCTION IN THE $226,456.25 FOR WORK COMPLETED ON THE CITY HALL SITE. OF AMOUNT COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. TIF Reimbursement Request Pat Klaers, City Administrator, indicated that the Chuba Company is requesting a TIF reimbursement for the eligible expenses incurred at the Evans Avenue and Main Street office condominium project in the amount of $19,887.60. He stated that the Council has authorized expenditures up to $20,000 for certain public redevelopment costs associated with the condominium project. COUNCILMEMBER DIETZ MOVED TO APPROVE THE TIF REIMBURSEMENT TO THE CHUBA COMPANY IN THE AMOUNT OF $19,887.60. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Hiring Part-time Workers for Street Department Pat Klaers indicated that Phil Hals is requesting to hire a part-time employee for the month of October. He indicated that David Ranstrom has worked with the Street/Park Department for the past three summers. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE HIRING OF DAVID RANSTROM FOR THE STREET DEPARTMENT BEGINNING OCTOBER 1 THROUGH OCTOBER 30 AT A WAGE OF $4.25 PER HOUR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Hiring Building and Zoning Secretary Pat Klaers indicated that approximately 70 applications were received for the position of Building and zoning Secretary and that seven of the applicants were interviewed. Sandy Thackeray, City Clerk, indicated that Catherine Schmidt was chosen as the top candidate after interviewing the seven applicants. She indicated although the starting wage is $7.50 per hour, the Building and Zoning Department is requesting to hire Catherine Schmidt at $8.00 per hour. She further stated that the interviewers felt that Catherine Schmidt was best suited for the position due to her past experience, qualification and skills.. . COUNCILMEMBER KROPUENSKE MOVED TO OFFER THE POSITION OF BUILDING AND ZONING SECRETARY TO CATHERINE SCHMIDT AT A SALARY OF $8.00 PER HOUR. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Holmgren opposed. 7.1. Directing of School Traffic . . . city Council Minutes September 21, 1992 Page 13 Councilmember Holmgren stated that it has become necessary to have a patrol officer direct traffic on School Street from 2:45 to 3:30 p.m. He indicated that the Police Chief is requesting permission to allow the payment of overtime for this duty. Councilmember Kropuenske suggested that the Police Department consider having a CSo Officer direct traffic. Discussion was held by the Council regarding whether or not the CSO Officers should be directing traffic especially along School Street during the hours of 2:45 to 3:30 p.m. It was suggested that Police Reserves could direct traffic. After further discussion on this matter, no action was taken by the Council. 8. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK COUNCILMEMBER DIETZ SECONDED. THE MOTION CARRIED 5-0. REGISTER. 9. Staff Updates Landfill- Pat Klaers updated the Council on his recent discussion regarding the Landfill issue with Vicki Kreger. Pat Klaers indicated that negotiations have begun with the Kregers regarding the Landfill issue. He questioned the Council as to what direction they would like him to go regarding this matter. Pat Klaers suggested that it may be possible to negotiate the matter with the Kregers out of Court. Mayor Tralle suggested that the City Administrator proceed with the negotiations. COUNCILMEMBER HOLMGREN MOVED TO RECESS INTO EXECUTIVE DISCUSSION TO DISCUSS THE LITIGATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 10:35 p.m. to discussion the Hohlen litigation. The Council reconvened at 10:53 p.m. Discussion was held between the Council, regarding the legal services for the City. around legal assistance at the Council response from the Attorney's office. staff, and the City Attorney Discussion items pursued meetings and timeliness of 12. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCI~MEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 11:12 p.m. 2~U~t7d: Sandra Thackeiay . ,.. City Clerk