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10-19-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 19, 1992 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Holmgren, Schuldt, and Kropuenske MEMBERS ABSENT: None STAFF PRESENT: Steve Rohlf, Building and zoning Administrator; Janelle Szklarski, Zoning Assistant; Sandra Thackeray, City Clerk; Patrick Klaers, City Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney; and Bob Minton; 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 10/19/92 City Council Agenda Item 7.9 Holmgren. Annexation, was added to the agenda by Councilmember COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 10/19/92 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 10/12/92 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 10/12/92 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 5.1. Update on Highway 169/Jackson Avenue Feasibility study Terry Maurer stated that at the request of the City Council, staff prepared a feasibility study pertaining to trunk utility and street improvements for the area around Highway 169 and 193rd Avenue and presented this feasibility study to the City Council in March. Terry stated that a major issue is the proposed development on the west side of Highway 169. Staff has had some meetings with the developers of the site and the developers are ready to bring the site plan and preliminary plat back to the Planning Commission. He stated that staff feels it is premature to revise and resubmit the feasibility study until the City Council has had a chance to review this developer information. Terry Maurer further stated he did not feel it was . . . City Council Minutes October 19, 1992 Page 2 appropriate for staff to order the public improvement hearings because there is not enough information submitted from the developer at this time. Terry Maurer updated the Council on the progress of the development as outlined in his 10/15/92 memo. The update included information regarding the EAW, traffic study, site plans, preliminary plat and Indirect Source Permit, etc. Terry Maurer informed the Council that there were a number of issues that were not discussed in the feasibility study related to this development proposal and stated that in order to proceed with the improvements, the Council should see the overall improvement. Terry stated that the developers for the west Highway 169 area should request a feasibility study specifically for their proposal tying all aspects of it together. Terry Maurer informed the Council that this was just an update and that no action was necessary. 6.1. Adoption of Final Assessment Roll Improvements for Phase Western Area I COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-102, A RESOLUTION FOR THE CITY OF ELK RIVER ADOPTING THE FINAL ASSESSMENT ROLL FOR THE WESTERN AREA.PHASE I IMPROVEMENT PROJECT. COUNCILMEMBERDIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Kropuenske opposed. 6.2. Consider Pay Estimate 13/City Facility COUNCILMEMBER KROPUENSKE MOVED TO APPROVE PAY ESTIMATE #3 TO BOR-SON IN THE AMOUNT OF $209,027.55 FOR WORK COMPLETED ON THE CITY HALL/POLICE FACILITY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Consider Pay Estimate 15/Western Area COUNCILMEMBER HOLMGREN MOVED TO CONSTRUCTION COMPANY IN THE AMOUNT THE WESTERN AREA IMPROVEMENT. MOTION. THE MOTION CARRIED 5-0. APPROVE PAY ESTIMATE # 5 TO ARCON OF $207,974.82 FOR WORK COMPLETED ON COUNCILMEMBER SCHULDT SECONDED THE 6.4. Consider Pay Estimate 16/Westwood Area Improvements COUNCILMEMBER KROPUENSKE MOVED TO APPROVE PAY ESTIMATE #6 TO NORTHDALE CONSTRUCTION COMPANY IN THE AMOUNT OF $83,718.00 FOR WORK COMPLETED ON THE WESTWOOD IMPROVEMENT PROJECT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Consider Pay Estimate 13/Production Well COUNCILMEMBER INC. FOR WORK $21,005.41. CARRIED 5-0. KROPUENSKE MOVED PAY ESTIMATE 13 TO BERGERSON CASWELL ON THE WESTERN AREA PRODUCTION WELL IN THE AMOUNT OF COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION ..~ . . . City Council Minutes October 19, 1992 Page 3 6.6. Consider Pay Estimate #2 and Change Improvements U/Hillside Estates Order COUNCILMEMBER KROPUENSKE MOVED TO APPROVE CHANGE ORDER #1 TO THE HILLSIDE ESTATES PROJECT IN THE AMOUNT OF $12,291.77 SO THAT THE SMALL DIAMETER STORM SEWER ON 193RD AVENUE CAN BE REPLACED WITH LARGER STORM SEWER SUITABLE FOR FUTURE DEVELOPMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE PAY ESTIMATE #2 TO R.L. LARSON EXCAVATING INC. IN THE AMOUNT OF $156,469.01 FOR WORK RELATING TO HILLSIDE ESTATES IMPROVEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Set Public Hearing Date to Consider Tax Increment Financing Plan for District No. 11 Mayor Tralle stated that Timron Precision Gear Inc. has requested Tax Increment assistance in the amount of $52,000 to support its proposed construction of a 10,000 square foot facility on Lot 1, Block 1, Elk River Industrial Park. Tax Increment Funds will be used to write-down the cost of Lot 1. Mayor Tralle stated the Economic Development Authority heard the request at its October 12th meeting. COUNCILMEMBER HOLMGREN MOVED TO SCHEDULE A PUBLIC HEARING 16, 1992, TO CONSIDER A TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 11. COUNCILMEMBER DIETZ SECONDED THE MOTION. CARRIED 5-0. FOR NOVEMBER TAX INCREMENT THE MOTION 7.1. Conditional Use Permit by SuperAmerica Group/Public Hearing/Tabled Mayor Tralle stated that SuperAmerica is requesting a conditional use permit to construct a new gas station convenience store at the intersection of Highway 169 and 193rd Avenue. He stated that the Planning Commission heard the request at its September 22nd meeting and continued the public hearing indefinitely until City sewer and water are available to the site. Mayor Tralle opened the public hearing. COUNCILMEMBER SCHULDT MOVED TO CONTINUE THE PUBLIC HEARING FOR THE CONDITIONAL USE PERMIT REQUESTED BY SUPERAMERICA INDEFINITELY UNTIL CITY SEWER AND WATER ARE AVAILABLE TO THE SITE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Preliminary Plat and Variance Request/Lake Point Shores by Mike Leary and Marilyn VanPatten/Public Hearing Janelle Szklarski noted that Mike Leary, the developer, has indicated that he will be submitting a letter of withdrawal regarding the plat of Lake Point Shores. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. . . . City Council Minutes October 19, 1992 Page 4 COUNCILMEMBER HOLMGREN MOVED TO DENY THE REQUEST FOR PRELIMINARY PLAT AND VARIANCE BECAUSE THE DEVELOPER HAS STATED HIS INTENT TO WITHDRAW. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Public Hearing to Consider Preliminary Plat Review and Variance Request for Elk Park Center East by John Weicht Steve Rohlf, Building and Zoning Administrator, indicated that because City sewer and water are not available to the proposed preliminary plat, staff is recommending denial of the request. He stated that according to the City ordinance, a plat within the Urban Service District must install municipal utilities. Steve Rohlf indicated that the Planning Commission recommended denial of the request. 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 DENY THE REQUEST FOR PRELIMINARY PLAT AND VARIANCE FOR THE PLAT OF ELK PARK CENTER EAST BY JOHN WEICHT AND ASSOCIATES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Consider Easement Vacation by Virginia Barnier Steve Rohlf stated that Virginia Barnier is requesting that a portion of the easement for an alleyway adjacent to her property be vacated. He stated that she is requesting to vacate an approximately 2 foot by 20 foot strip of alleyway located to the west of Champion Auto. 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 92-103, A RESOLUTION FOR VACATING AN ALLEYWAY EASEMENT FOR VIRGINIA BARNIER WITH THE FOLLOWING STIPULATIONS: 1. THAT THE AREA TO BE VACATED IS NOT OCCUPIED BY OR NEEDED FOR UTILITIES. 2. THAT THE CITY ATTORNEY'S CONCERNS ARE ADDRESSED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Public Hearing to Consider Conditional Use Permit/Tailwind Trailers Expansion of Trailer Sales Lot Janelle Szklarski stated that Tailwind Trailers of 9748 Highway 10 is requesting a conditional use permit to allow the expansion of an existing trailer sales lot. She stated that the expansion would include the addition of a large building and upgrading of the site to comply with City codes. Janelle Szklarski explained that there are three buildings and three separate lots of record involved with the Tailwind Trailers operation. She stated that it appears that there are two buildings on one lot and a large building which straddles the lot . . . City Council Minutes October 19, 1992 Page 5 line. She indicated that a correction must be made which may entail combining the two lots. She stated that there is a private 40 foot road easement across the front property line to access Tailwind Trailers. She stated that the easement is used by three property owners which are Tailwind Trailers, Car Heaven, and a parcel in between these two uses. Ms. Szklarski indicated that staff is recommending that this easement be kept free of storage. Bob Minton, Planning Commission representative, indicated Planning Commission recommended approval of the conditional use with five stipulations. He stated that one of the main discussed by the Planning Commission was the easement. that the request concerns Mayor Tralle opened the public hearing. Cheryl Atkins, of 9784 Highway 10 Tailwind Trailers, stated that she does not agree with the requirement of the City to not allow storage of trailers in the easement area. She stated that they will be paving a portion of the easement and that they should be able to use the remainder of the easement. Janelle Szklarski stated that the City Code does not allow display or storage of vehicles in green space and part of the easement area is grassy area. Cheryl Atkins stated that they would be willing to change the grassy area to a hardsurface. Janelle Szklarski indicated that the easement should be used to encourage access to the site from Cleveland instead of from Highway 10. Councilmember Kropuenske stated that it has been past Council to enforce the hardsurfacing of all sales lots. stated that he would not have a problem if Tailwind trailers on the easement area if it were hardsurfaced. suggested that if the area is hardsurfaced, Terry recheck the drainage calculations if needed. practice of the Mayor Tralle Trailers stored The Council Maurer should Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY TAILWIND TRAILERS TO ALLOW THE EXPANSION OF THE EXISTING TRAILER SALES LOT WITH THE FOLLOWING STIPULATIONS: 1. THAT THE APPLICANT COMBINE THE TWO LOTS CONTAINING THE PROPOSED BUILDING. ALSO THAT THIS CONDITIONAL USE PERMIT VALIDATES THE TWO EXISTING STRUCTURES ON THE SAME LOT. 2. THAT THE APPLICANT PLANT 32 TREES AS REQUIRED BY THE LANDSCAPING ORDINANCE. IN PARTICULAR, THAT THE BERM SHOWN ON THE SOUTH SIDE OF THE PROPERTY LINE IS PLANTED WITH CONIFEROUS TREES TO HELP SCREEN IT FROM THE RESIDENTIAL PROPERTY. 3. THAT THE DUMPSTER, MECHANICAL EQUIPMENT AND ROOFTOP EQUIPMENT ARE ALL SCREENED PROPERLY ACCORDING TO ORDINANCE. 4. THAT LIGHTING FOR THE SITE MEETS CITY CODE. . . . City Council Minutes October 19, 1992 Page 6 5. THAT THE APPLICANT NOT BE ALLOWED TO STORE OR DISPLAY TRAILERS ON THE NORTH SIDE OF THE IMPROVED ROADWAY. THE APPLICANT SHALL MAINTAIN THE GRASSY AREA IN A NEAT MANNER. 6. THAT DRAINAGE CALCULATIONS AND GRADING PLAN FOR THIS SITE ARE APPROVED BY THE CITY ENGlNEER. FURTHER, THAT IF NECESSARY, MNDOT APPROVE GRADING FOR THE SITE AS IT RELATES TO THE DITCH FOR HIGHWAY 10. 7. THAT THE APPLICANT PROVIDE 32 PARKING STALLS INCLUDING ONE HANDICAPPED STALL AS PER CITY ORDINANCE. 8. THAT THE PROPOSED NEW STRUCTURE HAVE A BRICK FASCIA IN ORDER TO COMPLY WITH THE ARCHITECTURAL STANDARDS FOR THE AREA. 9. THAT ALL EXISTING BUILDINGS THAT WERE REMODELED PRIOR TO BUILDING PERMIT APPROVAL BE BROUGHT UP TO THE MINIMUM STANDARDS OF THE 1988 UNIFORM BUILDING CODE. 10. THAT THE APPLICANT VERIFY THAT THE INCREASED FLOW TO THE SOUTH WILL NOT ADVERSELY AFFECT THIS AREA AND THAT A LARGER PVC PIPE TO DISCHARGE OVERFLOW FROM THE SOUTH POND BE USED. 11. THAT THE APPLICANT PROVIDE A 24 FOOT WIDE PAVED DRIVEWAY WITHIN THE ROAD EASEMENT AREA. FURTHER, THAT A 10' SETBACK BETWEEN THIS DRIVEWAY AND THE DISPLAY AREA BE MET AS PER CITY CODE. 12. THAT STORAGE BE ALLOWED IN THE EASEMENT IF IT IS KEPT ACCESSIBLE TO ALL PARTIES INVOLVED AND IF THE REQUIREMENTS OF THE CITY CODE ARE MET PERTAINING TO PARKING. 13. THAT THE APPLICANT PROVIDE LARGER PARKING STALLS AS PART OF THEIR PARKING REQUIREMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember to be sure authorization easement. Dietz requested the City Attorney to look at the easement that the parties involved were in agreement with the to allow parking and display of the trailers on the 7.6. Public Hearing to Consider Ordinance Amendment to Section 900.22 of the City Code Relating to Sign Regulations Janelle Szklarski stated that the Elk River Planning Commission reviewed the sign ordinance as it relates to wall signage in the C-3 zone, shimmering disks on billboards, and off-premise signs for the Nowthen Country Store as directed by the City Council. Shimmering Disks Janelle Szklarski stated that the Planning Commission reached a consensus that shimmering disks used in advertising devices such as billboards should not be interpreted as falling within the definition . . . city Council Minutes October 19, 1992 Page 7 of animated or flashing signs. Therefore, no ordinance regarding this type of sign was Planning commission representative, stated that did not feel that the use of shimmering disks a safety concern. amendment to the sign neces.sary. Bob Minton, the Planning Commission in moderation would pose Off-Premise signs!Nowthen Country Store Janelle Szklarski stated that Nowthen Country Store has two off-premise signs located in a residential zone, which is not allowed. Ms. Szklarski stated that they reviewed the situation regarding Nowthen's off-premise signs and have concluded that the signs are not grandfathered in as no sign permits were found at City Hall. Bob Minton, Planning Commission representative, concluded that no ordinance amendment should be drafted to allow these types of signs in residential areas as doing so would create a precedent. Janelle Szklarski stated that the signage for the proposed Farmer's Market which will be locating in Elk River was also discussed by the Planning Commission. She stated that no action was taken as they will need more information from the Farmer's Market prior to making a decision. 7.7. Consideration of Action Plan By Custom Motors steve Rohlf stated that the Planning Commission has been working with Custom Motors on issues relating to their business. He stated that Custom Motors is looking for some direction from Council so that they can determine what their action plan should entail. Some of the issues that are being considered are whether or not to relocate Custom Motors and whether or not to rezone the property to single family residential. Also, being considered is screening of the property and environmental concerns. Bob Minton, Planning Commission Representative, stated that the Planning Commission recommended that screening take place in the near future and that Custom Motors eventually relocate their business and that rezoning take place if Custom Motors relocates. Discussion was held regarding screening of Custom Motors. Sandra Roy, property owner, indicated that they have received some quotes on fencing of the property. The Council suggested that fencing take place by June 1. Bob Miller, Custom Motor's Attorney, stated that June 1 would be appropriate for screening. Peter Beck, City Attorney, stated that the property should be rezoned to be consistent with the long range plan and stated that this can be done by the City Council. Bob Miller, Custom Motor's Attorney, questioned if the property were rezoned, how long it would be before the nonconforming use status would be enforced. He stated that Custom Motors would have a five year amortization period to comply with the City's Code. Peter Beck stated that the amortization period is adopted by City ordinance and can be adjusted by the City Council. . . . city Council Minutes October 19, 1992 Page 8 Pat Klaers suggested that the type of screening be compatible with the time of the amortization period. Councilmembers Holmgren and Dietz questioned if the EDA could become involved in this situation. Peter Beck suggested that the screening be delayed until a time line is determined for rezoning and relocation. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO CHECK INTO RELOCATION ALTERNATIVES AND FOR FUNDING ASSISTANCE AND THAT THIS MATTER BE BROUGHT TO THE EDA AND BACK TO THE COUNCIL IN NOVEMBER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO ADVISE THE PROPERTY OWNER THAT BEFORE CITY ASSISTANCE WOULD BE CONSIDERED, INFORMATION ON A PHASE II ENVIRONMENTAL AUDIT WOULD HAVE TO BE BROUGHT TO THE COUNCIL TABLE AS IT RELATES TO A TIMETABLE AND EXPENSES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:45 and reconvened at 9:00 p.m. 7.8. Discussion Regarding Planned Unit Developments Steve Rohlf stated that the Planning Commission has reviewed the consistency of Elk River Planned Unit Developments. He stated that due to the number of requests for PUD's, the Planning Commission felt that it was necessary to review this matter. Steve Rohlf stated that some concerns included developing a consistent policy for PUD's, and using PUD's only when necessary. Steve Rohlf stated that the Planning commission is recommending that a development plan be proposed prior to a zone change to PUD. He indicated that it is easier to deny a zone change than it is to deny a plat or site plan once the zone change is in place. The Council discussed whether or not it would be feasible to present a development plan prior to a zone change to PUD in all circumstances. John Weicht expressed a concern regarding stated there are times when PUD zoning would be willing to make a proposal. the proposed policy as he is necessary before a developer steve Rohlf suggested that he discuss the Council's and John Weicht's concerns and bring this issue back to the Council. 7.9. Annexation Councilmember Holmgren stated that the county Auditor has ruled that Arne Engstrom does not reside in the City of Elk River. He stated that Arne Engstrom will be going to the Town Board of Big Lake and requesting that one acre be annexed to the City of Elk River. 8. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. . . . City Council Minutes October 19, 1992 Page 9 9. Other Business There was no other business. 10. Staff Updates Parking and Traffic Changes on Jackson Place Pat K1aers stated that Phil Hals and the Police Chief have concerns regarding Jackson Place parking. He stated that Phil Hals and Tom Zerwas are recommending that Jackson Place be a one-way street northbound with the diagonal parking being restriped for northbound parking. They are also recommending that Jackson Square be resigned and that a plan be developed to improve vehicle access, drainage, and that the dead trees (Dutch Elm Disease) be removed to maximize parking and that concrete curbing and new bituminous paving be installed in early summer of 1993. The Council discussed the recommended changes. It was the consensus of the Council that this is not a final plan for Jackson Place, but that it is a preliminary plan and that it would be in the best interest to gain input from the downtown merchants and the Chamber of Commerce in order to address their concerns prior to finalizing the Jackson Place improvements. COUNCILMEMBER HOLMGREN MOVED TO MAKE JACKSON PLACE A ONE-WAY STREET NORTHBOUND AND TO REVERSE THE DIAGONAL PARKING FOR NORTHBOUND PARKING AND FURTHER THAT SIGNAGE ON JACKSON PLACE BE INSTALLED AS RECOMMENDED BY CITY STAFF. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. RDF Patrol Councilmember Kropuenske requested that the Police patrol the RDF area as trucks are accessing onto Highway 10 without stopping. Alley The City Administrator process of working with completed on the alley identify the ownership of informed the Council the City Attorney to in the downtown area the property. that get in staff is in the the title work order to clearly City Hall Facility/Colors The City Administrator informed the Council that staff is requesting to use the services of Planning and Design Incorporated to help coordinate the color scheme of the new City Hall/Police Station. He stated that the cost would be approximately $1,000. After discussion by the Council, it was the consensus to authorize staff to hire the services of Planning and Design Inc. Councilmember Holmgren was opposed to this decision. Security System Police Station . . . City Council Minutes October 19, 1992 Page 10 Pat Klaers, City Administrator, stated that the security system for the Police Station will be installed by General Security Services Corporation. He indicated there have been some additions to the original proposal. He stated that one of the changes included adding a card reader to the training room and the wellness room and changing the police sensors from the hallway to overhead sensors. Another change is to add card readers to outside entrances in the Administration area. He further stated that the Police Department is requesting to change the type of reader system from a swipe system to a proximity system which is an increase of approximately $7,500. He stated that the Police Department strongly desires the proximity system rather than the swipe system as it is newer technology and more safe when the Police are dealing with suspects. The Council discussed the matter and it was the consensus of the Council that the additional card readers be added to the six doors and that the sensors be changed as recommended, but that the swipe system remain. The City Administrator questioned the Council if the Police Department decided they would rather have the proximity system rather than the extra sensors and extra card readers, would it be possible to switch. It was the consensus of the Council that the proximity reader not be installed at this time. 11. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. MOTION CARRIED 5-0. TO THE The meeting of the Elk River City Council adjourned at 9:55 p.m. Respectfully submitted, ~~ Sandra Thackeray ~ City Clerk