11-16-1992 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY, NOVEMBER 16, 1992
MEMBERS PRESENT:
Vice Mayor Holmgren, Councilmembers Dietz, Kropuenske, and
Schuldt
MEMBERS ABSENT:
Mayor Tralle
STAFF PRESENT:
Peter Beck, City Attorney; Terry Maurer, City Engineer;
Sandra Thackeray, City Clerk; Patrick Klaers, City
Administrator; Janelle Szklarski, Zoning Assistant; Steve
Rohlf, Building and Zoning Administrator; and Bill Rubin,
Economic Development Coordinator
ALSO PRESENT:
Rob VanValkenburg, 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 Vice Mayor Holmgren.
2.
Consider 11/16/92 City Council Agenda
Pat Klaers, City Administrator, requested that Item 8.1 Call
Executive Session to Discuss Pending Landfill Litigation - be added to
the agenda.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 11/16/92 CITY COUNCIL
AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
3.1. Consider 10/19/92 City Council Minutes
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE TO THE 10/19/92 CITY COUNCIL
MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
4-0.
3.2. Consider 10/26/92 City Council Minutes
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 10/26/92 CITY COUNCIL
MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
4-0.
3.3. Consider 11/5/92 Board of Canvass Minutes
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 11/5/92 BOARD OF CANVASS
MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
4-0.
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Elk River City Council Minutes
November 16, 1992
Page 2
4.
Open Mike
NO one appeared for this item.
5.1. Public Hearing/Tax Increment Financing Plan for TIF District No. 11
Timron Precision Gear
Bill Rubin explained that the Elk River Economic Development Authority
is proposing the creation of Tax Increment Financing District No. 11
which will be comprised of Lot 1, Block 1, Elk River Industrial Park.
The request for tax increment assistance is from Timron Precision Gear
in the amount of $52,000 to support construction of a 10,000 square
foot facility on Lot 1, Block 1, Elk River Industrial Park. It is
estimated that the EDA will collect tax increment payments from
District No. 11 for six years in order to recover the $52,000.
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 ADOPT RESOLUTION 92-108, A RESOLUTION
FOR THE CITY OF ELK RIVER RELATING TO THE ESTABLISHMENT OF TAX
INCREMENT FINANCING DISTRICT NO. 11 AND THE ADOPTION AND APPROVAL OF
THE TAX INCREMENT FINANCING PLAN RELATING THERETO LOCATED WITHIN
DEVELOPMENT DISTRICT NO.1. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
5.2. Canvass Results of Ward 2 - Councilmember Recount
The City Clerk informed the Council that a recount of Municipal General
Election results for Ward 2 Councilmember has taken place and that
there was no change in the election results. She presented the Council
with a resolution canvassing the results of the recount.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-110, A RESOLUTION
CANVASSING THE RECOUNT OF THE NOVEMBER 3, 1992, MUNICIPAL GENERAL
ELECTION RESULTS FOR THE OFFICE OF WARD 2 COUNCILMEMBER. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.3. VFW Premise Permit Application
The City Clerk informed the Council that the VFW has made application
for a premise permit to operate Class B lawful gambling at the Sunshine
Depot.
COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-111, A RESOLUTION
APPROVING PREMISE PERMIT APPLICATION FOR THE ELK RIVER/ROGERS VFW POST
#558 TO OPERATE LAWFUL GAMBLING AT THE SUNSHINE DEPOT. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE. MOTION CARRIED 4-0.
5.4. Pay Estimates/Change Orders
Terry Maurer, City Engineer, reviewed the Pay Estimates and Change
Orders listed below:
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Elk River City Council Minutes
November 16, 1992
page 3
(1) Partial Pay Estimate '1 - Holt Avenue/4th street Improvements
COUNCILMEMBER DIETZ MOVED TO APPROVE PARTIAL PAY ESTIMATE '1 IN THE
AMOUNT OF $40,092.03 TO BITUMINOUS CONSULTING AND CONTRACTING, INC.,
FOR WORK COMPLETED ON THE HOLT AVENUE/4TH STREET IMPROVEMENT PROJECT.
COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
(2) Partial Pay Estimate '1
Improvements
Street/Trunk
Main
Highway
169
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE PARTIAL PAY ESTIMATE,1 TO
GMH ASPHALT, INC., IN THE AMOUNT OF $153,212.29 FOR WORK COMPLETED ON
THE MAIN STREET/TRUNK HIGHWAY 169 SIGNAL IMPROVEMENT PROJECT.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0.
(3) Partial Pay Estimate '3 - Hillside Estates Improvements
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE PARTIAL PAY ESTIMATE '3 IN
THE AMOUNT OF $42,063.02 TO .R.L. LARSON EXCAVATING, INC., FOR WORK
COMPLETED ON THE HILLSIDE ESTATES IMPROVEMENT PROJECT. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
(4) Partial Pay Estimate '6 - Western Area Improvements
COUNCILMEMBER SCHULDT MOVED TO APPROVE PARTIAL PAY ESTIMATE '6 TO ARCON
CONSTRUCTION FOR WORK COMPLETED ON THE WESTERN AREA IMPROVEMENT IN THE
AMOUNT OF $127,844.91. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
(5) Partial Pay Estimate '4 and Change Order '2
Production Well
Western Area
Terry Maurer explained that there are two items in Change Order '2. The
first item in the Change Order concerns the development and
installation of a pitless adaptor and submersible pump into the
observation well. Terry Maurer stated that the well was originally
constructed and planned to be abandoned when the project was completed,
however, it w~s found that the well was worth developing as an
irrigation well to be used for adjacent City property. He stated that
the cost of this item in the Change Order would be $4,515.00 and this
would be a City expense out of the City Hall landscaping budget.
Terry Maurer explained that the second item in the Change Order deals
with the installation of a pitless adaptor on the production well to
eliminate freezing. The cost of this item is $15,649.52.
Terry Maurer stated that the Utilities Commission has indicated that it
would pay for the second item on the two Change Order.
COUNCILMEMBER
PAY ESTIMATE
WESTERN AREA
COUNCILMEMBER
KROPUENSKE MOVED TO APPROVE CHANGE ORDER '2 AND PARTIAL
'4 TO BERGERSON CASWELL, INC., FOR WORK COMPLETED ON THE
PRODUCTION WELL IN THE AMOUNT OF $15,043.25.
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
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Elk River City Council Minutes
November 16, 1992
Page 4
(6) City Hall Pay Estimate #4
COUNCILMEMBER SCHULDT MOVED TO APPROVE PAY
CONSTRUCTION IN THE AMOUNT OF $264,636.75 FOR
HALL. COUNCILMEMBER DIETZ SECONDED THE MOTION.
ESTIMATE #4 TO BOR-SON
WORK COMPLETED ON CITY
THE MOTION CARRIED 4-0.
5.5. other Engineering Items
Terry Maurer informed the Council that during public improvement
projects, there are times when citizens make damage claims for damages
which the citizen believes is a direct result of the construction
activities. Terry indicated that this is a common occurrence and
happens in most cities when improvement projects take place. He
indicated that in Elk River, and in most cities, the contractor is
required by the project specifications to carry insurance. Terry
Maurer indicated that the City has recently received a letter from Mr.
Al Niemela of 1962 Main Street regarding a claim which was rejected by
Arcon's insurance carrier. Terry Maurer indicated that Mr. Niemela
requested the City to address his damage claim because it has been
rejected by the contractor's insurance carrier. Terry Maurer indicated
that it is his opinion that the City should not become involved
regarding this or any claim brought against a construction company that
has insurance and is doing work on improvement projects.
The Council concurred with the City Engineer's recommendation.
6.1. Conditional Use Permit Request by Jeff Mastley
Wetland
Excavation of a
Janelle Szklarski indicated that Jeff Mastley appeared before the
Planning Commission to discuss a conditional use permit request to
excavate an existing wetland. She indicated that the proposed
excavation is located within a County ditch and that any excavation
which takes place within a County ditch needs approval from the
County. Ms. Szklarski stated that Sherburne County will be reviewing
the proposal and the findings will be presented to the City Council
following Planning Commission review.
It was the consensus of the Council to take no action on this item
until further information is provided to the Council from the Planning
Commission and County Board.
6.2. Conditional Use Permit Request by Julie Peterson/Public Hearing
Janelle Szklarski, Zoning Assistant, indicated that Julie Peterson,
1723 Tipton Circle, is requesting a conditional use permit to operate a
hair salon in her home which is located in an R-2b zoned area. Janelle
Szklarski indicated that staff has reviewed the request and feels it is
consistent with the conditional use permit standards as well as the
home occupation ordinance and is recommending approval.
Rob VanValkenburg, Planning Commission Representative,
the Planning Commission reviewed the request and
approval of the conditional use permit.
indicated that
is recommending
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Elk River City Council Minutes
November 16, 1992
Page 5
Vice Mayor Holmgren opened the public hearing. There being no one for
or against the matter, Vice Mayor Holmgren closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY JULIE PETERSON TO OPERATE A HOME OCCUPATION IN HER HOME AT
1723 TIPTON CIRCLE WITH THE FOLLOWING CONDITIONS:
1. THAT THE HOURS OF OPERATION BE LIMITED TO 10:00 A.M. TO 8:00 P.M.
2. THAT NO OTHER EMPLOYEES AND NO ADDITIONAL WORK STATIONS ARE
ALLOWED WITH THIS HOME OCCUPATION AS THAT WOULD AFFECT THE NUMBER
OF CUSTOMERS ON SITE AND ALSO THE NUMBER OF PARKING STALLS
REQUIRED.
3. THAT THE APPLICANT MAINTAIN ENOUGH ROOM IN THE DRIVEWAY FOR TWO
CUSTOMER VEHICLES AT ALL TIMES DURING OPERATING HOURS.
4. THAT SIGNAGE BE LIMITED TO TWO SQUARE FEET MOUNTED FLAT ON THE
WALL OF THE DWELLING.
5. THAT THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO INSURE
THAT THE INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED.
6. THAT THE APPLICANT MEET WITH THE BUILDING INSPECTION DEPARTMENT TO
ENSURE THAT APPROPRIATE CODES ARE MET.
COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.3. Conditional Use Permit Request by Julie Schulze and Teresa Lawson/
Public Hearing
Janelle Szklarski stated that Julie Schulze and Teresa Lawson are
requesting a conditional use permit to operate a home occupation of
retail craft sales at 22822 Baldwin Street. Janelle Szklarski
indicated that staff reviewed the request and is recommending
approval. She stated that it is staff's opinion that considering the
area in which this proposed use will be located and the limited size of
the proposed use, this particular retail operation will not
significantly affect the residential nature of the area.
Rob VanValkenburg, Planning Commission Representative, indicated that
the Planning Commission reviewed the request and recommended approval.
Vice Mayor Holmgren opened the public hearing.
Cecilia Scheel questioned how often the Art Barn business is reviewed
by the Council. Janelle Szklarski responded that the Art Barn is a
grand fathered use and is not ruled through the conditional use permit
process.
Arden Krinke
retail in a
explained that
commercial and
stated he was denied a conditional use permit to sell
C-2 zone and requested a clarification. Steve Rohlf
C-2 is used as a buffer zone between residential and
does not allow retail uses.
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Elk River City Council Minutes
November 16, 1992
Page 6
There being no further comments from the public, Vice Mayor Holmgren
closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY JULIE SCHULZE AND TERESA LAWSON TO OPERATE A HOME
OCCUPATION OF RETAIL CRAFT SALES FROM 22822 BALDWIN STREET WITH THE
FOLLOWING STIPULATIONS:
1. THAT THE APPLICANT PROVIDE AT LEAST THREE PARKING STALLS.
2. THAT THE APPLICANT MEET ALL APPLICABLE BUILDING CODE CONCERNS.
3. THAT ONE NONRESIDENT EMPLOYEE, THE CO-APPLICANT, BE ALLOWED.
4. THAT SIGNAGE FOR THE PROPOSED USE BE ON PREMISE. THAT THIS
SIGNAGE ALSO ALLOW A WALL SIGN AS WELL AS FREE STANDING SIGN AT
THE ENTRANCE OF THE SITE. THE WALL SIGNAGE SHOULD BE LIMITED TO
TWO SQUARE FEE AND THE FREE STANDING SIGN BE LIMITED TO TEN SQUARE
FEET.
5. THAT THIS USE BE REVIEWED BY STAFF ON AN ANNUAL BASIS TO DETERMINE
ITS AFFECT ON THIS RESIDENTIAL AREA. FURTHER, THAT THE PLANNING
COMMISSION AND COUNCIL REVIEW THIS REQUEST EVERY THREE YEARS.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.4. Variance Request on the Maximum Length of a Dead End Road by David
Gow/Public Hearing
Steve Rohlf, Building and Zoning Administrator, indicated that David
Gow, 20493 Meadowvale Road, is requesting an approximate 600 foot
variance on the 500 foot maximum length of a dead-end road. He stated
that the request would allow an 1,100 foot long cul-de-sac in order to
develop a portion of the property owned by Mr. Gow. Steve Rohlf stated
that Mr. Gow is proposing to develop a 40 acre parcel of property into
two phases. He stated that Mr. Gow is requesting a variance prior to
completing the preliminary plat process in an attempt to avoid costly
platting procedures for a plat that would be useless if the variance is
not approved.
Rob VanValkenburg, Planning Commission Representative, stated that the
Planning Commission recommended approval of the variance contingent
upon the plat being approved.
Vice Mayor Holmgren opened the public hearing. There being no one for
or against the matter, Vice Mayor Holmgren closed the public hearing.
Peter Beck, City Attorney, recommended that the City Council not
approve the variance prior to preliminary plat approval. David Gow
requested action to approve the variance contingent upon final plat
approval so as to save the cost if the variance is not approved. After
discussion of this matter, it was the consensus of the Council that the
concept of the variance was acceptable, however, no action would be
taken prior to the Council reviewing the preliminary plat.
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Elk River City Council Minutes
November 16, 1992
Page 7
6.5. Conditional Use Permit for a Caretaker's House at Pinewood Golf
Course/Paul Krause/Public Hearing
steve Rohlf, Building and Zoning Administrator, indicated that Paul
Krause is requesting a conditional use permit to construct a
caretaker's house which would be located on the Pinewood Golf Course.
Steve Rohlf indicated that a lot cannot be created at this time because
the property lies within an unsewered urban service area. The City
Code states that lots in this area must be provided with sewer and
water when they are created. Steve Rohlf explained that when sewer and
water is available, the lot can be subdivided from the Golf Course and
be sold as a single family lot. Steve Rohlf further stated that there
were public comments received by the Planning Commission regarding this
matter. He further indicated that the Planning Commission addressed
the concerns of the public.
Rob VanValkenburg, Planning Commission Representative, stated that the
Planning Commission recommended approval of the request.
Vice Mayor Holmgren opened the public hearing. There being no one for
or against the matter, Vice Mayor Holmgren closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT
FOR A CARETAKER'S HOUSE TO BE LOCATED ON PINEWooD GOLF COURSE WITH THE
FOLLOWING STIPULATIONS:
1. THAT THE CARETAKER'S HOUSE IS SITUATED ON FUTURE LOT A (SHOWN ON
THE PROPOSED SITE PLAN) IN SUCH A WAY AS TO MEET SETBACKS FROM THE
PROPOSED FUTURE LOT LINES.
2. THAT APPROVAL IS CONTINGENT UPON FINDING A SUITABLE SITE FOR THE
PROPER INSTALLATION OF A SEPTIC SYSTEM.
3. THAT THIS DWELLING IS USED ONLY AS A CARETAKER'S HOUSE UNTIL IT IS
POSSIBLE TO CREATE A LOT.
4. THAT THE CARETAKER'S HOUSE IS DESIGNED TO BE COMPATIBLE WITH THE
OTHER DWELLINGS IN PINEWooD ADDITION AND THE OUTSIDE MATERIALS
USED ON IT ARE ARCHITECTURALLY HARMONIOUS WITH THE NEIGHBORHOOD.
5. THAT STOP SIGNS ARE PROVIDED FOR THE CART PATH THAT CROSSES 182ND
AVENUE, WARNING USERS OF THIS GOLF CART TRAIL THAT THEY ARE
APPROACHING A CITY STREET. FURTHER, THAT THE CART PATH BE PAVED
ADJACENT TO 182ND AVENUE TO AVOID EROSION INTO THE STREET.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.6. Conditional use Permit
Inc./Public Hearing
Request by Five star Door and Supply,
Janelle Szklarski, Zoning Assistant, indicated that Tim Harvey of Five
Star Door And Supply is requesting a conditional use permit to operate
a light assembly and storage facility in a C-3 Highway Commercial
zone. Janelle Szklarski stated that staff has reviewed many issues
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Elk River City Council Minutes
November 16, 1992
Page 8
concerning this matter and is recommending approval as it is consistent
with the seven standards for a conditional use permit.
Rob VanValkenburg, Planning Commission Representative, indicated that
the Planning Commission recommended approval of the request.
Vice Mayor Holmgren opened the public hearing. There being no one for
or against the matter, Vice Mayor Holmgren closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST
BY TIM HARVEY OF FIVE STAR DOOR AND SUPPLY TO OPERATE A LIGHT ASSEMBLY
AND STORAGE FACILITY WITH THE FOLLOWING STIPULATIONS:
1. THAT THE ISSUE OF EASEMENTS ALONG THE EASTERN PROPERTY LINE BE
RESOLVED IN REGARDS TO THE PROPOSED ADDITION ENCROACHING ON THAT
EASEMENT AS WELL AS THE ACCESS ISSUE FOR THE EXISTING HOUSE.
2. THAT THE APPLICANT PROVIDE THE CITY WITH AN EASEMENT FOR UTILITY
PURPOSES (SANITARY SEWER AND WATER) ALONG THE SOUTHERN THIRTY FEET
OF HIS PROPERTY TO PROVIDE FOR FUTURE EXTENSION OF THE LATERALS.
3. THAT DRAINAGE ON THE SITE IS APPROVED BY THE CITY ENGINEER AND
THAT THE MAXIMUM IMPERVIOUS SURFACE DOES NOT EXCEED 25% AS PER THE
SHORELAND REGULATIONS.
4.
THAT THE APPLICANT FOLLOW THE SHORELAND ALTERATION STANDARDS IN
REGARDS TO EROSION CONTROL.
5. THAT THE APPLICANT PROVIDE ADDITIONAL SCREENING THROUGH PLANTINGS
ALONG THE LAKE AND THE NORTHERN PROPERTY LINE TO BUFFER THE
PROPOSED USE FROM THE LAKE AND THE EXISTING RESIDENTIAL HOUSE.
6. THAT THE APPLICANT SCREEN THE DUMPSTER AS WELL AS ANY MECHANICAL
OR ROOFTOP EQUIPMENT.
7.
THAT THE APPLICANT PROVIDE A MINIMUM OF THREE PARKING
OF WHICH MUST BE HANDICAPPED, AND THAT THESE PARKING
HARDSURFACED. IN ADDITION, THE PARKING AND DRIVES
BACK TEN FEET FROM ALL PROPERTY LINES.
STALLS, ONE
STALLS ARE
MUST BE SET
8. THAT THE ADDITIONS ARE FINISHED WITH CEDAR SIDING AND THAT THE
FRONT OF THE EXISTING BUILDING BE RESIDED WITH CEDAR SIDING AS
WELL.
9. THAT APPROVAL OF THIS REQUEST IS CONTINGENT UPON THE REVIEW AND
COMMENT BY THE DEPARTMENT OF NATURAL RESOURCES.
10. THAT THE APPLICANT HAVE THE OLD WELL ON THIS SITE CAPPED BY A
PROFESSIONAL.
11. THAT ALL SIGNAGE MEET THE C-3 REQUIREMENTS.
12. THAT THE APPLICANT MUST HOOK UP TO CITY SEWER AND WATER.
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Elk River City Council Minutes
November 16, 1992
Page 9
13. THAT THE GARAGE WHICH CROSSES THE LOT LINE IS EITHER MOVED SO IT
IS ENTIRELY ON ONE PARCEL OR THE APPLICANT OBTAIN AN ENCROACHMENT
EASEMENT FOR THE BUILDING.
14. THAT THE APPLICANT PROVIDE PROOF OF LEGAL ACCESS TO HIGHWAY 10
SUBJECT TO CITY REVIEW.
15. THAT THE APPLICANT COMBINE THE TWO LOTS OR OBTAIN LEGAL ACCESS TO
THE NORTHERN PARCEL ALONG WITH SCOUT ISLAND, OR PROVE TO THE CITY
THAT A LEGAL ACCESS TO THESE PARCELS EXISTS.
16. THAT THE APPLICANT PROVE WHETHER OR NOT AN EASEMENT EXISTS ALONG
THE SOUTHERN 30 FEET OF THE PARCEL. IF IT DOES EXIST, A
DETERMINATION SHOULD BE MADE AS TO WHETHER THE CITY'S NEED FOR A
UTILITY EASEMENT WILL INTERFERE WITH THIS DRIVEWAY EASEMENT. IF
THIS EASEMENT IS NECESSARY, THE APPLICANT SHOULD RECORD AN
EASEMENT INSTRUMENT TO CONVEY THESE EASEMENT RIGHTS AND TIE THIS
IN WITH THE CITY'S UTILITY EASEMENT.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.7. Ordinance Amendment/Public Hearing
River
Sign Regulations - City of Elk
Janelle Szklarski stated that the Planning Commission has reviewed the
sign ordinance in relation to the amount of wall signage allowed in C-3
Highway Commercial zoning districts. She stated that the Planning
Commission recommended an increase of up to two square feet of signage
per linear foot of building frontage and an increase in the maximum
amount of wall signage from 128 square feet per occupant to 300 square
feet per occupant.
Rob vanValkenburg, Planning Commission Representative, stated that the
Planning Commission recommended approval of the ordinance amendment.
Vice Mayor Holmgren opened the public hearing. There being no one for
or against the matter, Vice Mayor Holmgren closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 92-29, AN ORDINANCE
AMENDING SECTION 900.22, SIGN REGULATIONS, SUBDIVISION 4d(iv), SIGNS
PERMITTED IN HIGHWAY COMMERCIAL C-3 ZONE. COUNCILMEMBER DIETZ SECONDED
THE MOTION. THE MOTION CARRIED 4-0.
6.8. 3 County Mapping
Steve Rohlf, Building and Zoning Administrator stated that the
Sherburne County Mapping Department is in the process of developing
section maps for the City of Elk River. He indicated that staff is
recommending that the City purchase computer discs of these maps.
Kathy Heaney of the County Attorney's Office was present to review the
license agreement. Kathy Heaney stated that the cost to the city for
the maps would be $4,188.00. She stated that the County is offering
the City a 50% discount for the purChase of the computer disc.
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Elk River City Council Minutes
November 16, 1992
Page 10
COUNCILMEMBER KROPUENSKE MOVED TO ENTER INTO AN AGREEMENT WITH
SHERBURNE COUNTY REGARDING THE PURCHASE OF THE DIGITAL PARCEL MAPS AT A
PRICE OF $4,188.00 CONTINGENT UPON THE CITY ATTORNEY REVIEWING THE
LICENSE AGREEMENT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
6.8. 2 Environmental Update
Steve Rohlf informed the Council that staff and consultants are in the
process of completing an Environmental Assessment Worksheet on gravel
mining. He indicated that the gravel mining companies are working in
conjunction with the City and consultants on this project. He further
stated that staff is proposing to do a study to aid in long range
planning for both gravel mining and reclamation of property after
mining. He stated that the EAW should be completed within the next few
months and the Environmental Impact Statement would be completed next
summer.
Steve Rohlf
environmental
concerns.
Landfill's
informed the Council that staff is considering sharing
services with the County regarding Elk River Landfill
He indicated that sharing of services will reduce Elk River
cost to the City and the County's cost.
Steve Rohlf informed the Council that staff and the City Attorney have
concerns regarding the proposed Wetland Conservation Act. He indicated
that staff agrees with the intent of the law which is to minimize the
loss of wetlands, however, staff feels that the regulation and rules of
the law will severely restrict future development in the City. Steve
Rohlf indicated that a public hearing will be held in st. Paul
regarding the Wetland Conservation Act and requested a representative
from the City to attend. It was the consensus of the Council that
Steve Rohlf attend the public hearing.
6.8. 1 PUD Discussion
Steve Rohlf indicated that the City Council has requested the Planning
Commission and staff to review the PUD ordinance. He stated that
Planning Commission and staff have recommended that a site plan be
reviewed at the same time as the zone change to PUD. He stated that
the Council had concerns regarding this matter involving amount of
money invested by a developer prior to knowing whether or not a zone
change would be approved, and how to deal with situations when the City
proposes a rezoning to PUD. Steve Rohlf requested permission from the
Council to work on the ordinance amendment regarding PUD's.
It was the consensus of the Council to authorize the Building and
Zoning Administrator to work on the PUD ordinance and also to work on
two new zonesj a business park zone and revising the commercial C-3
zone.
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Elk River City Council Minutes
November 16, 1992
Page 11
7.1. Investigative office Equipment
Pat Klaers, City Administrator, informed the Council that the City has
received a quote from General security Services corporation regarding
closed circuit camera and tape recording equipment to be located in the
soft interview room in the new police facility. He stated that this
room would be jointly shared by the City of Elk River Police Department
and the Sherburne County Sheriff's Department and County Social
Services Department. He further stated that the County Board has
approved payment for this equipment in the amount of $2,574.59.
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE QUOTE TO PURCHASE THE AUDIO
VISUAL EQUIPMENT TO BE LOCATED IN THE SOFT INTERVIEW ROOM FROM GENERAL
SECURITY SERVICES CORPORATION IN THE AMOUNT OF $2,574.59.
COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
7.2. City Facility Plaque
Discussion was held by the Council regarding a dedication plaque for
the new City Hall facility. It was the consensus of the Council that
staff prepare wording for one plaque that will include the names of
those Councilmembers in office during the groundbreaking date and the
names of those Councilmembers in office during the dedication. It was
further the consensus of the Council that a separate plaque be created
recognizing the site as the original Gospodor farm.
7.3. Modification of EDA Enabling Resolution
Pat Klaers, City Administrator, stated that at the November EDA
meeting, EDA Commissioners voted to recommend to the City Council that
it consider scheduling a public hearing to modify the enabling
resolution to expand the number of at-large representatives on the
EDA. Councilmember Schuldt stated he would ultimately like to see only
two Councilmembers on the EDA and five at-large representatives. It
was indicated that the number of at-large representatives would be
determined by the Council at the public hearing.
COUNCILMEMBER DIETZ MOVED TO SCHEDULE A PUBLIC HEARING FOR DECEMBER 7,
1992, TO CONSIDER A MODIFICATION TO THE EDA ENABLING RESOLUTION.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8. Check Register
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER.
KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCI LMEMBER
The City Council recessed at 9:00 p.m. and reconvened at 9:14 p.m.
8.1. Executive Session
The City Administrator requested that the Council hold an Executive
Session to discuss pending litigation of the Elk River Landfill.
.
.
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Elk River City Council Minutes
November 16, 1992
Page 12
The Council recessed into Executive Session to discuss pending litigation of
the Elk River Landfill at 9:14 p.m.
The Council reconvened from the Executive Session at 9:40 p.m.
9. Other Business
The City Administrator informed the Council that
a Notice of Appeal to District Court from Houlton
Western Area Assessment project.
the City has received
Farms regarding the
The City Administrator informed the Council that positions of two Park
and Recreation Commission members will expire at the end of the year.
It was the consensus of the Council to advertise for these positions in
the City newsletter.
The City Administrator informed the Council that the contractor working
on the Main Street bridge has requested staff to lower Orono Lake.
The City Administrator informed the Council that a letter has been sent
to Group Health regarding the concern of Snyder Drug.
10.
Adjournment
There being no further,business, COUNCILMEMBER SCHULDT MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
The meeting of the Elk River City Council adjourned at 9:45 p.m.
Respectfully submitted,
~.~~
Sandra A. Thackeray ~_
City Clerk