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11-16-1992 CC MIN . . . 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. . . . 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: . . . 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. . . . 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 . . . 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. . . . 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. . . . 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 . . . 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. . . . 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. . . . 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. . . . 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. . . . 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