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03-18-1991 CC MIN e e -- MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MARCH 18, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt, and Holmgren STAFF PRESENT: Steve Rohlf, Building and Zoning Administrator; Pat Klaers, City Administrator; Tim Keane, City Attorney; Terry Maurer, City Engineer; Sandy Thackeray, City Clerk PLANNING COMMISSION REPRESENTATIVES: Bob Bischoff, Mary Eberley, Jerry Schroeder, Don Spotts 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 7:10 p.m. by Mayor Tralle. 2. Consider 3/18/91 Council Agenda Items 8.1 - Consultant Fees, and 8.2 - Jerry Baurerly Meeting were added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 3/18/91 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 3/4/91 Council Minutes Councilmember Schuldt noted that Vicki Granros was not present and the minutes should reflect that Kathy Heaney was present. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 3/4/91 COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 5.1. Proclamation for Camp Fire Girls and Boys Mayor Tralle presented a Camp Fire Group with proclaiming March 17 - 23 as Camp Fire Birthday week. Group then presented the City Council with a cake. a Proclamation The Camp Fire 5.2. Fillmore Street - Approval of Plans and Specificatione. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-15, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE FILLMORE STREET IMPROVEMENT OF 1991. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes March 18, 1991 Page 2 5.3. Fillmore Street ~ Ri~ht-of-waY Proceedin~~ Ci ty Attorney Tim Keane informed the Council that Fillmore Street is not a dedicated public right-of-way. He indicated that according to State Statute, when a road has been used and kept in repair by a road authority, it shall be deemed dedicated to the public to the width of the actual use and remain a public highway whether it has ever been established as a public highway or not. He indicated that Fillmore has been maintained by the City for at least six years continuously and therefore, the road has become statutorily dedicated for public use. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-16, A RESOLUTION RELATING TO FINDING OF PUBLIC PURPOSE FOR THE ACQUISITION OF RIGHT-OF-WAY FOR FILLMORE STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Conditional Use Permit by E & 0 LQ.QW-!.H..!.. This item has been withdrawn by the applicant. 6.2. QJ'ginance Amendment to S~ct.t~m 1008 '_~SJJ_bgivi~iQJ!-1).r!ij.1H!Jl~.~~ This item has been tabled by the Planning Commission. 6.3. Qr_dinaI)J;~_e Amendment to ~ectiQllJH~.o .1a.J__Qi~~nsion!!.1_~~,..gulatlQJHI This item has been tabled by the Planning Commission. 6.4. AQne Chanll~LJames Peter~~n This item has been withdrawn by the applicant. 6.5. Y~riance/Lot Size/Jaffies pet~~Qn This item has been withdrawn by the applicant. 6.6. EE~ement Vacation/James Peterson Staff is requesting that this item be tabled. 6.7. _Preliminary pIl!.tlJames .p.~tgrsQ_n Staff is requesting that this item be tabled. COUNCILMEMBER HOLMGREN MOVED TO TABLE COUNCIL ITEMS 6.2, 6.3, 6.6, AND 6.7 UNTIL THE APRIL 15, 1991, CITY COUNCIL MEETING TO BE HELD AT 7:00 P.M. AT THE ELK RIVER PUBLIC LIBRARY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. VI!.r!Jmce/LenJ;(th of a De~d--1ill~Ro~ctLHUth.lamL-0Q!1!!R~r9j!!t---..P.~r.kLSl1s. Partnership/Public Hearin~ City Council Minutes March 18, 1991 Page 3 e Steve Rohlf explained that the developer of Highland Commercial Park is requesting to exceed the 500 ft. maximum length of a dead-end road by 377 feet. Planning Commission Representative Schroeder stated that the Planning Commission unanimously recommended approval on the basis of the findings of fact listed in the Building and Zoning Administrator's memo to the Planning Commission. Mayor Tralle opened the public hearing. Dr. Flannery, School Superintendent of District 728, spoke on behalf of the Board of Education. Dr. Flannery indicated that the Board of Education had some concerns regarding the plat in relation to safety of children at Parker School. He indicated these concerns have been discussed and he feels certain that the sale of the School District office property is in the best interest of the City and taxpayers. He further indicated that he felt the safety concerns of the children have been addressed. There being no further comments from the public, Mayor Tralle closed the public hearing. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE VARIANCE ON THE MAXIMUM LENGTH OF A DEAD-END ROAD FOR HIGHLAND COMMERCIAL PARK REQUESTED BY SMS PARTNERSHIP BASED ON THE FINDINGS OF FACT AS STATED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED FEBRUARY 20, 1991, CONDITIONED ON THE APPROVAL OF THE PLAT OF HIGHLAND COMMERCIAL PARK FIRST ADDITION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Preli~tparY Plat (Hi~hland Commercial P~rK1-hyjiMS Partnership/~~ Mayor Park. lots. Street. Tralle introduced the preliminary plat of Highland Commercial He indicated that the plat is commercial and consists of 4 The plat is located on the corner of Highway 169 and School Jerry Schroeder stated that much discussion took place by the Planning Commission regarding safety and traffic flow concerns. He indicated that the Planning Commission recommended approval of the preliminary plat with a 4-1 vote. Mary Eber ley stated that she voted against the motion at the Planning Commission because of the safety of the children and because she felt the area should be considered for a planned unit development. Mayor Tralle opened the public hearing. e Ken Carr, Principal of Parker School, stated that his main concern was for the safety of the children. He felt that the preliminary plat addresses the safety of the children. Discussion was held by the Council regarding the flow of traffic. John City Council Minutes March 18, 1991 Page 4 e Dietz questioned the possibility of a four way stop on School Street and Freeport Avenue. The City Engineer indicated that the intersection is approaching the necessity of a four way stop. Mayor Tralle questioned the ingress and egress to Lot 4. Steve Rohlf stated that this matter would be addressed in the conditional use permit. It was the consensus of the Council that no access to the plat be allowed on School Street unless authorized by Council. There being no further comments, Mayor Tralle closed the public hearing. Terry Maurer stated that Staff is recommending that the sanitary sewer be oversized to accommodate the flow from the area to the north and that storm drainage facilities be extended to allow for extension into properties from the north. He indicated that the City would pay for the oversizing of the of the sanitary sewer and recapture this money when development to the north of the plat takes place. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF HIGHLAND COMMERCIAL PARK BY SMS PARTNERSHIP WITH THE FOLLOWING CONDITIONS: 1. That a variance is granted for the length of the road in the plat. 2. Contingent upon MnDOT's comments and approval. e 3. That final plans and specifications be completed to the satisfaction of City staff prior to final plat review by the City Council and that Mr. Maurer's concerns in his letter dated February 14, 1991 are met. 4. That the City Engineer prepare the final plans and specs for at least City sewer and water as is the City's policy. Further, that the developer establish an escrow account with the City for the estimated cost of preparing plans and specs. The escrow account shall include the cost of preparing final plans and specs for road and storm drainage, if the developer chooses to have the City Engineer prepare them. 5. That the City's estimated platting fees are paid prior to final plat review by the City Council. 6. That a developer agreement is prepared by the City Attorney reflecting: A. A one year completion date for the improvements within this project from the date of final plat approval. B. The establishment of a letter of credit to cover the cost of the improvements that are proposed to be accepted by the City (estimated amount by the City Engineer). e C. A warranty bond to run one year after the date that the City accepts the improvements within the plat (25% of original Letter of Credit.). e e e City Council Minutes March 18, 1991 Page 5 D. That the developer can be issued building permits as soon as the plat is recorded but no Certificate of Occupancies can be issued until all the improvements of the Plat are completed. E. That boulevard restoration and signage be the responsibility of the developer. F. That a preconstruct ion meeting is developer's contractor and the City commencing the improvements in the plat. required Engineer wi th the prior to G. That once improvements are completed, as-built drawings are provided by the developer to the City. H. That the developer pay the City for the first seal coating of the road in the plat (the amount to be estimated by the City Engineer) . I. That the developer pay the City for park dedication. 7. That prior to recording this plat, the developer provide the following: A. The City Attorney with a title opinion for the property involved in the plat. B. City staff with a Letter of Credit to cover the public improvements within the plat. C. Payment of $10,047 park dedication ($1, 500/per acre x 6.69 acres) . D. Payment for seal coating the proposed road. E. An executed Developer's Agreement. 8. That prior to open cutting of School Street to install utilities, the developer must get a traffic control plan approved by Staff. This plan would deal with issues such as full restoration of streets within 48 hours of cutting into the street, maintenance of traffic flow, bonding to ensure restoration, etc. 9. That no access be allowed to the plat from School Street unless authorized by Council. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10.Zone Chan~e by Hi~hwaY 10 Properties and Tim ShayjP.H. Steve Rohlf indicated that Sheldon Vie and Ron Crapser (Highway 10 Properties), Richard and Jean Kincannon, and Tim Shay have made application for a zone change from R-1C to C-3. The two contiguous parcels of property are approximately 6.3 acres and lie south of Highway 10 adjoining Big Lake Township. e e e City Council Minutes March 18, 1991 Page 6 Don Spotts, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request because the parcel was originally zoned C-3 and changed to R-1 at the time the focus area study was adopted. He further stated that it was the Commission's feeling that C-3 was the highest and best use of the property. Shelden Vie, property owner indicated that the property was conducive to highway commercial development. Mayor Tralle opened the public hearing. Diane Tyson, 18741 Yankton St. NW stated she was opposed to the rezoning. She indicated she recently purchased a home across the highway from the parcel and the entire area was residential. Ms. Tyson also questioned how the traffic flow would increase and what use was proposed for the property. There being no further comments, Mayor Tralle closed the public hearing. Mayor Tralle questioned the fact that some property owned by Mr. Crapser was delinquent in taxes. Mr. Crapser explained that he owns several parcels of property and that it is common practice when building homes on property to delay paying the taxes until closing takes place. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-5, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE BOTH PARCELS OF PROPERTY FROM R-1C/SINGLE FAMILY RESIDENTIAL TO C-3/HIGHWAY COMMERCIAL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO AMEND THE LAND USE MAP FROM MR/MEDIUM DENSITY RESIDENTIAL TO HB/HIGHWAY BUSINESS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ORDER A TRAFFIC STUDY ON SCHOOL STREET AND FREEPORT AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11.Interoretation (Grace Ostein) Steve Rohlf explained that Grace Ostein had received a conditional use permit in October, of 1987, allowing her to operate a dog kennel. Ms. Ostein is requesting permission to alter some of the conditions of the conditional use permit. The issues of concern are as follows: 1. 2. 3. The temporary dwelling will be a permanent dwelling. The kennel runs will not be attached to the dwelling. That there be 17 kennel runs instead of 21 runs. City Council Minutes March 18, 1991 Page 7 e Councilmember Kropuenske stated that the issue should go through a public hearing process to give neighboring residents a chance to review the issue. Mayor Tralle indicated that he felt the issues made the use less intensi ve than originally granted in the conditional use permit, and therefore, did not feel it necessary to hold a public hearing. COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE CHANGES AS STATED ABOVE IN ITEMS 1-3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER KROPUENSKE OPPOSED. Councilmember Kropuenske was opposed because he felt the residents should have a chance to voice their opinion at a public hearing. 6.12.Home Occupations Steve Rohlf indicated that he has received several requests for home occupations which do not fall into the City's home occupation defini tion. It was the Council consensus that home occupations are changing and that perhaps an expansion of the City's home occupation defini tion is necessary. It was the consensus of the City Council to direct the Planning Commission to research the home occupation ordinance. 4It 6.13.0ther Business The Building and Zoning Administrator set up a landfill tour with the Council for April 1, 4:30 p.m. prior to the City Council meeting. 7. Check Re1ti~ter COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. CQ!lsul tinlL.feeli Councilmember Dietz expressed his concerns regarding the fees charged to the City for consulting services. He indicated that considering the budget crunch it was appropriate to take a closer look at this area of the budget. Mayor Tralle explained that a vast majority of the engineering and legal fees paid by the City are returned to the City through project costs. The City Administrator explained that the City usually comes in very close to the budgeted amount set for consulting fees. Councilmember Kropuenske indicated the City could do a better job at controlling consulting time. It was the consensus to have the City keep close tabs on consulting time and to keep the Council informed. ~eetin~ with Representative Jerry Bauerly 8.2. e Mayor Tralle informed the Council that Representative Bauerly was holding a meeting to discuss the Governor's budget proposal for the upcoming legisaltlve session. Mayor Tralle and Councilmembers Schuldt, Holmgren and Kropuenske indicated they would attend the meeting. e e e City Council Minutes March 18, 1991 Page 8 9. City Administrator Update The City Clerk informed the Council that she received a call from Burlington Northern with a request to allow the trains to travel through the downtown area of Elk River at 60 miles per hour. Burlington Northern does not know why the trains are restricted to 50 mph in the downtown area. The City Clerk indicated she researched the minutes and ordinances and did not find an ordinance authorizing the 50 mph speed limit. After discussion, it was the consensus that the train speed limit could be increased to 60 mph when the work was completed at the three railroad crossings at Jarvis, 173rd and 165th. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:15 p.m. ~ Sandra Thackeray City Clerk