Loading...
04-15-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, APRIL 15, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Schuldt, Holmgren, Dietz and Kropuenske MEMBERS ABSENT: None STAFF PRESENT: Pat Klaers, City Administrator; Bill Rubin, Economic Development Coordinator; Tim Keane, City Attorney; Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Sandra Thackeray, City Clerk ALSO PRESENT: Robert Bischoff, Planning Commission Representative 1. Call meetin~ to order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Tralle at 7:00 p.m. 2. Consider 4/15/91 Council A~enda COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 4/15/91 COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 4/1/91 Council Minutes Item 3.2 - "Dobel" should be changed to "Dietz". COUNCILMEMBER DIETZ MOVED TO APPROVE THE 4/1/91 COUNCIL MINUTES AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. !men Mike Tim Schaefer spoke to the Council on the ambulance service. He indicated that he does not feel the citizens of Elk River are being represented. He indicated that at a previous Council meeting it was suggested that the Council form a citizen's committee for the purpose of reviewing the upgrading of the City's current ambulance service to an ALS service. He stated that he is still interested in the City Council pursuing this goal. Mr. Schaefer stated that he is approaching this subject as a concerned citizen and resident of the City and that is his only position. Diane Karnex stated that there have been concerns raised regarding the fact that Elk River is a growing community and the need for an upgraded ambulance service is apparent. She indicated that she is aware that a commi ttee has been formed to research this, but she did not feel the citizens were being fairly represented because the committee consisted City Council Minutes April 15, 1991 Page 2 -------------------- e of Council, Staff, Health One, and City Ambulance, Fire and Police Representatives. She indicated that another committee should be formed that would represent the feelings of the concerned citizens. 5.1. Consider Amendments to TIF Plans 1 & 3/Public Hearin~ Bill Rubin explained that the proposed amendments to TIF Plans 1 & 3 would allow the City to acquire certain properties within the communi ty. He indicated that the amendment is necessary because the expenditures for the purchase of these properties were not reflected in the original plans. The properties for which expenditures are proposed are the Irma Jenne Property; E & 0 Tool property (Orono Park expansion); Woodland Trails Park; and the Railroad Trail. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE RESOLUTION 91-22, A RESOLUTION APPROVING THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 AND 3, AND DIRECTING CITY STAFF TO IMPLEMENT THE MODIFICATION OF TAX INCREMENT FINANCING DISTRICTS NO. 1 AND 3. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.2. Liquor License - Elk River Bowl The City Clerk explained that the City has received a request from Elk River Bowl to serve liquor outdoors on the bowling alley premises during horseshoe leagues and tournaments. The Council be served. the liquor leagues. discussed the matter and questioned where the liquor would George Larson, President of Elk River Bowl, explained that would be served in a fenced in area near the horseshoe The City Clerk explained that future requests of this type would be considered through the liquor license application and be heard on an individual case by the Council. COUNCILMEMBER SCHULDT MOVED THAT THE ELK RIVER BOWL LIQUOR LICENSE BE AMENDED TO PERMIT THE SALE AND CONSUMPTION OF ALCOHOL WITHIN THE FENCED IN AREA CONTIGUOUS TO THE LICENSED PREMISES FOR THE EXPRESS PURPOSE OF SERVING ALCOHOL DURING HORSESHOE LEAGUES AND HORSESHOE TOURNAMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Otse~o/Elk River Joint Meetin~ -- COUNCILMEMBER KROPUENSKE MOVED TO HOLD A JOINT COUNCIL MEETING ON MONDAY, APRIL 29, 1991, WITH THE CITY OF OTSEGO TO DISCUSS ELK RIVER'S WASTEWATER TREATMENT FACILITIES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Administrative Subdivision/David Gow/Public Hearin~ City Council Minutes April 15, 1991 Page 3 e COUNCILMEMBER KROPUENSKE MOVED TO TABLE THIS ITEM. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Conditional Use Permit (Gas Station/Convenience Store in C-3 Zone) bv Holiday Station/Public Hearin~ COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ITEM UNTIL THE MAY 20, 1991 CITY COUNCIL MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Ordinance Amendment to Section 900.18 "Schedule of Dimensional Re~ulations" (ADartment Densitv in the R-4 Zone) by John Weicht/ Public Hearin~/Tabled COUNCILMEMBER KROPUENSKE MOVED TO TABLE THIS ITEM TO THE MAY 20, 1991, CITY COUNCIL MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4.Final Plat Review "Barrin~ton Hills" by Milo Henneman e Steve Rohlf introduced this item. He stated that Barrington Hills plat consists of 12 single family residential lots. Steve Rohlf explained that one item that must be dealt with that was not mentioned in the preliminary plat is the spreading of Oak Wilt. He suggested that the developer protect the Oak Trees in the plat by either fencing them or by delaying construction activities from April 15 to July 1. Gary Santwire, the developer of the plat, indicated that he was not requested to fence the Oaks at the time of preliminary plat and stated that he would comply to the City's ordinance but did not want to be singled out regarding this matter. The Council discussed the possibility of an ordinance amendment to ensure that all Oaks are protected during the Oak Wi! t season. Steve Rohlf indicated that the ordinance which protects the Oaks or any trees at this time is in the City's Subdivision Ordinance. He indicated that if it is the Council's intention to have all builders protect the Oaks, then an ordinance amendment would be necessary. After further discussion, it was the consensus of the Council to direct the developer to protect the Oaks by fencing them off during construction and further to direct Staff and Planning Commission to research an ordinance amendment that would protect Oak trees from Oak Wilt during the building season. The Council discussed Outlot A and the fact that if it remained a separate parcel, it would be landlocked. Gary Santwire indicated that Outlot A would be deeded to the Owners of Lot 2, Block 2, Elk Hi 11s. Steve Rohlf stated that this Outlot should be combined with another parcel, otherwise the only access to the site would be by a private road. e Street lighting was discussed by the Council. Staff is suggesting that three street lights be provided by the developer. Gary Santwire requested that the street light along Dodge Avenue and 8th Street be City Council Minutes April 15, 1991 Page 4 e eliminated because at the present time there is lighting in the parking lot and also because he will be considering street lighting for all of Dodge Avenue within a year. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE FINAL PLAT OF BARRINGTON HILLS BY D. RUSSELL AND LINDA NORHA WITH THE FOLLOWING STIPULATIONS: 1. THAT THE IMPROVEMENTS IN THE PLAT BE ACCOMPLISHED BY THE DEVELOPER AS PER THE FINAL PLANS AND SPECIFICATIONS PREPARED BY THE CITY ENGINEER. 2. THAT A LETTER OF CREDIT IS ESTABLISHED FOR THE IMPROVEMENTS THAT WOULD BE ACCEPTED BY THE CITY. 3. THAT 2 STREET LIGHTS BE PROVIDED BY THE DEVELOPER: ONE IN THE CUL-DE-SAC AND ONE AT THE TRANSITION FROM RESIDENTIAL TO COMMERCIAL; AND FURTHER THAT A THIRD LIGHT BE REQUIRED ON THE CORNER OF DODGE WITHIN 24 MONTHS IF DODGE AVENUE IS NOT UPGRADED BY THIS TIME. 4. THAT THE NAME OF THE PROPOSED STREET BE 8TH STREET e 5. THAT PARK DEDICATION FEE BE $350.00 PER LOT. 6. SEALCOATING OF THE ROADS TO BE AT THE EXPENSE OF THE DEVELOPER WITH COSTS TO BE DETERMINED BY THE CITY ENGINEER. 7. THAT THE 60 FOOT ROAD EASEMENT NEEDED TO ACCESS THIS PLAT IS DEEDED TO THE CITY FOR RIGHT-OF-WAY. 8. THAT OUTLOT A IS UNBUILDABLE AND MUST BE DEEDED TO AND BECOME PART OF LOT 2, BLOCK 2, ELK HILLS ADDITION. 9. THAT THE DEVELOPER ROPE ALL TREES THAT ARE TO BE SAVED AND NOT DAMAGE THEM DURING CONSTRUCTION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHULDT OPPOSED. Councilmember Schuldt opposed due to the undersized lots in the plat and based on the fact that he did not vote in favor of the preliminary plat. 6.5. Easement Vacation Reauest by James Peterson. Sr./Public Hearin~ e Zoning Assistant Janelle Szklarski indicated that James Peterson, Sr. is petitioning to vacate a portion of the right-of-way easement for Upland Avenue, Vassar Cartway and Pond Street. In exchange for the easement vacation, additional right-of-way for Upland Avenue and Tipton Avenue and a 10 foot drainage and utility easement along Upland and Tipton Avenue will be dedicated through the platting of James Manor. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. City Council Minutes April 15, 1991 Page 5 e COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-23, A RESOLUTION FOR VACATING STREET EASEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Preliminary Plat Review "James Manor"/James Peterson. Sr. Janelle Szklarski indicated that James Peterson, Sr. is requesting preliminary plat review for James Manor Plat. She stated that the proposed plat consists of six single family lots and is located between Upland and Tipton Avenues south of Highway 10. Robert Bischoff, Planning Commission representative, indicated that the Planning Commission recommended approval with the 15 stipulations noted in the 2/20/91 memo to the Planning Commission dated March 14, 1991. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT OF JAMES MANOR, REQUESTED BY THE DEVELOPER JAMES PETERSON, SR. FOR SIX SINGLE FAMILY LOTS LOCATED BETWEEN UPLAND AND TIPTON AVENUES SOUTH OF HIGHWAY 10 WITH THE FOLLOWING STIPULATIONS: e 1. THAT THE DEVELOPER DEDICATE 30 FEET OF RIGHT-OF-WAY FOR UPLAND AVENUE AND THAT PRELIMINARY PLAT APPROVAL IS CONTINGENT UPON THE EASEMENT VACATION REQUEST BEING APPROVED. 2. THAT THE DEVELOPER IS RESPONSIBLE FOR LOT GRADING WITHIN THE PLAT AND SEWER AND WATER LINES TO SERVICE THE LOTS AND THAT THIS WORK IS SUBJECT TO STAFF APPROVAL. 3. THAT THE DEVELOPER IS RESPONSIBLE FOR THE REPAIR OF TIPTON AVENUE AND UPLAND AVENUE NECESSITATED BY THE CUTS NEEDED TO SERVE THIS PLAT WITH CITY SEWER AND WATER. THIS RESTORATION SHOULD CONSIST OF A MINIMUM OF 5" OF AGGREGATE BASE (CLASS 5) AND 2-1/2 OF BITUMINOUS SURFACING (MnDOT 2341). 4. THE CONTRACTOR OR DEVELOPER IS REQUIRED TO PLACE A $2,000 ESCROW WITH THE CITY PRIOR TO OPEN CUTTING THE STREETS, AND WILL ALSO BE REQUIRED TO FULLY RESTORE THE STREETS WITHIN FIVE WORKING DAYS OF THE INITIATION OF OPEN CUTTING. 5. THAT THE FINAL APPROVAL OF GRADING AND DRAINAGE, SEWER, AND WATER IS APPROVED BY TERRY MAURER, CITY ENGINEER. THAT THESE PLANS ARE COMPLETED, REVIEWED AND APPROVED BY MR. MAURER PRIOR TO THIS PLAT BEING CONSIDERED FOR FINAL PLAT APPROVAL. 6. THAT THE DEVELOPER IS RESPONSIBLE FOR BOULEVARD RESTORATION AND RESEEDING. e 7. THAT THE DEVELOPER PROVIDE AS-BUILTS OF THE WATER AND SEWER LINES TO THE CITY. City Council Minutes April 15, 1991 e 10. 11. 12. 13. 14. 15. e Page 6 8. THAT THE DEVELOPER HAS ONE YEAR FROM THE DATE OF FINAL APPROVAL TO COMPLETE THE IMPROVEMENTS TO THE PLAT, AND THAT ONLY ONE BUILDING PERMIT SHALL BE ISSUED UNTIL ALL STIPULATIONS ON APPROVAL OF THE PLAT ARE SATISFIED. 9. THAT THE DEVELOPER PROVIDE THE CITY WITH A TITLE OPINION PRIOR TO THE RECORDING OF THE FINAL PLAT. THAT $1,750 IN PARK DEDICATION IS PAID PRIOR TO FINAL PLAT RECORDING FOR THE FIVE (5) ADDITIONAL BUILDING SITES CREATED. THAT THE DEVELOPER REIMBURSE THE CITY FOR ALL COSTS INCURRED IN REVIEWING THIS PLAT PRIOR TO FINAL PLAT APPROVAL. THAT THE DEVELOPER WORK WITH STAFF IN DETERMINING A TREE PRESERVATION AND LANDSCAPING PLAN FOR THE PARCEL. THAT THE PROPOSED ZONING ON THE PRELIMINARY PLAT BE CHANGED TO REFLECT THE CURRENT ZONING OF R-1C. THAT A DEVELOPER AGREEMENT IS ENTERED INTO REGARDING THE STIPULATIONS OF APPROVAL OF THE PLAT. THAT THE DEVELOPER WORK WITH ELK RIVER MUNICIPAL UTILITIES IN RELOCATING THE POWER LINE THAT RUNS THROUGH THE PROPERTY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Variance (Lot Fronta~e)All-Lan Partnership/Public Hearin~ 6.8. Administrative Subdivision (Preliminary and Final Plat}AII-Lan Partnership/Public Hearin~ Steve Rohlf stated that All-Lan Partnership is proposing to split Lot 3, Block 2, of Elk River Industrial park into two lots. He also indicated that a variance is necessary because the western lot does not have frontage onto a City street. Robert Bischoff, Planning Commission Representative, stated that the Planning Commission recommended approval of the variance with the condition that a private road agreement be entered into between the owners of the two properties. Mayor Tralle opened the public hearing for the variance and the preliminary plat. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE FINAL PLAT OF ALL-LAN PARTNERSHIP WITH THE STIPULATION THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes April 15, 1991 Page 7 e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE VARIANCE REQUEST BY ALL-LAN PARTNERSHIP. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Administrative Subdivision (Preliminary and Final Plat) "Auburn Commons Second Addition" by Faith Fellowship Church Janelle Szklarski explained that Faith Fellowship Church is requesting a preliminary and final plat review of the plat of Auburn Commons 2nd Addition. She indicated that the request is to create two commercial lots from one lot. Mayor Tralle opened the public hearing. Gary Santwire addressed Staff's concern regarding a survey showing the location of the existing building and parking lot so that setbacks can be verified. He stated that he would submit a certified letter from the surveyor showing the location of the building. e Richard Duggan representing Faith Fellowship Church questioned the amount of park dedication fee because of the fact that one parcel was existing. Janelle Szklarski stated that it is the Policy of the City to collect from existing parcels during an administrative subdivision of commercial property if park dedication has never been paid for the parce 1. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF AUBURN COMMONS 2ND ADDITION WITH THE FOLLOWING CONDITIONS: 1. THAT THE DEVELOPER PROVIDE THE CITY WITH A 15 FOOT EASEMENT FOR DRAINAGE, UTILITY, AND ROADWAY PURPOSES ALONG DODGE AVENUE. 2. THAT THE DEVELOPER DEDICATE 6 FOOT EASEMENTS ALONG THE SIDE YARDS. 3. THAT THE DEVELOPER ELIMINATE OUTLOT A FROM THE PLAT AND COMBINE IT WITH LOT 1. 4. THAT THE EASEMENT ALONG THE NORTHERN PROPERTY LINE OF OUTLOT A BE EXTENDED TO THE EASTERN BOUNDARY OF LOT 2. 5. THAT THE DEVELOPER PROVIDE AS-BUILTS OF THE WATER AND SEWER LINES TO THE CITY. FURTHER, THAT THE STUB-INS BE INSTALLED PRIOR TO RECORDING OF THE FINAL PLAT. 6. THAT THE DEVELOPER PAY $l,500/ACRE TO THE CITY FOR PARK DEDICATION PURPOSES. - 7. THAT THE DEVELOPER PROVIDE THE CITY WITH A CERTIFIED LETTER FROM JOHN OLIVER'S OFFICE SHOWING THE LOCATION OF THE EXISTING BUILDING AND PARKING LOT ON LOT 1 SO THAT SETBACKS CAN BE VERIFIED PRIOR TO THE RECORDING OF THE PLAT. IF THE LOCATION OF THESE ITEMS DICTATE City Council Minutes April 15, 1991 e Page 8 8. THAT THE PROPOSED LOT LINES MUST BE MOVED BECAUSE SETBACKS CANNOT BE MET, THIS PLAT WOULD HAVE TO COME BEFORE THE CITY COUNCIL AGAIN. IF IT IS NECESSARY TO CUT THE STREET, THE CONTRACTOR OR DEVELOPER IS REQUIRED TO PLACE A $2,000 BOND WITH THE CITY PRIOR TO OPEN CUTTING THE STREETS, AND WILL ALSO BE REQUIRED TO FULLY RESTORE THE STREETS WITHIN 48 HOURS OF THE INITIATION OF OPEN CUTTING. THE DEVELOPER OR CONTRACTOR SHALL ALSO PROVIDE THE CITY WITH A TRAFFIC CONTROL PLAN TO BE APPROVED BY STAFF PRIOR TO CUTTING INTO THE STREETS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10.Conditional Use Permit (A~ricultural Use) Gerald RUDDelius/Public Hearin~ e 2. 3. 4. 5. 6. 7. e 8. Janelle Szklarski indicated that Mr. Ruppel ius is requesting a condi tional use permit to construct a 3,200 square foot agricultural accessory building on his property located at 10496 181st Avenue NW. In addition, Mr. Ruppelius has raised slaughter cattle on his property for the past 18 years and because it is a legal nonconforming use, a conditional use permit is necessary. Robert Bischoff, Planning Commission Representative, indicated that the Planning Commission recommended approval 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 APPROVE THE CONDITIONAL USE PERMIT REQUEST TO ALLOW A 3,200 SQUARE FOOT AGRICULTURAL BUILDING WITH THE FOLLOWING CONDITIONS: 1. THAT THE NEW BARN BE SET BACK 300 FEET FROM ANY NEIGHBORING DWELLING. THAT ANY FENCED-IN AREA BE SET BACK AT LEAST 200 FEET FROM ANY NEIGHBORING DWELLING. THAT THE COLOR OF THE NEW BARN MATCH THE EXISTING HOUSE. THAT THE EXISTING BARN BE REMOVED WHEN THE NEW BARN IS CONSTRUCTED. THAT MR. RUPPELIUS BE LIMITED TO 6 SLAUGHTER CATTLE ON THIS SITE. THAT MR. RUPPELIUS DOCUMENT THE AGREEMENT WITH HIS NEIGHBOR FOR THE DISPOSAL OF MANURE. THAT MR. RUPPELIUS WATER THE SITE IF DUST BECOMES EXCESSIVE. THAT PROPER HOUSEKEEPING ACTIVITIES ARE APPLIED IN ORDER TO MINIMIZE THE POTENTIAL FOR ODOR PROBLEMS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 15, 1991 Page 9 e The City Council recessed at 8:35 p.m. and reconvened at 8:45 p.m. 6.11.Conditional Use Permit Reauest by Lincoln School/Public Hearin~ Janelle Szklarski stated that the School District is requesting a conditional use permit to construct a 47,000 square foot addition to the existing Lincoln Elementary School located at the corner of Jackson Avenue and School Street. Robert Bischoff stated that the Planning Commission recommended approval of the request for the 47,000 square foot addition. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST TO ALLOW A 47,000 SQUARE FOOT ADDITION TO LINCOLN SCHOOL WITH THE FOLLOWING STIPULATIONS: 1. THAT THE DESIGN OF THE ELECTRICAL SERVICE TO THIS SITE BE APPROVED BY GLEN SUNDEEN OF ELK RIVER MUNICIPAL UTILITIES. 2. THAT ALL GRADING AND DRAINAGE TO THIS SITE BE APPROVED BY CITY ENGINEER, TERRY MAURER. e 3. THAT TWO ADDITIONAL FIRE HYDRANTS BE ADDED TO THE NORTH SIDE OF THE BUILDING AND THAT A SIX INCH WATER MAIN BE LOOPED AROUND THE BUILDING AS SHOWN ON THE SITE PLAN. 4. THAT NO BUSES LEAVE THE PARKING AREA UNTIL ALL CHILDREN ARE LOADED. 5. THAT THE DEVELOPER IMPLEMENT THE LANDSCAPING PLAN AS SUBMITTED TO STAFF. 6. THAT ANY CHANGES TO THE SITE PLAN, IF MINOR, BE SUBJECT TO APPROVAL BY STAFF. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12.Conditional Use Permit (Governmental Facility) Elk River Municipal Utilities/Public Hearin~ Mayor Tralle indicated that Elk River Municipal Utilities are requesting to add a 5,000 square foot addition to an existing 4,000 square foot metal skinned-building. He explained that both the existing building and the addition would be used for cold storage at the Power Plant site located at 1705 Main Street. -- Planning Commission Representative Robert Bischoff indicated that the Planning Commission recommended approval of the request on a split vote. He stated that Commission member Johnson voted against the request as it was her feeling that it was time for the Utili ties to relocate rather than to expand at the existing site and that the proposal intensifies the use of the property. City Council Minutes April 15, 1991 Page 10 e steve Rohlf stated that it was his opinion that the addition to the existing building for storage does not intensify the use and reviewed his 4/4/91 and 3/14/91 memos on this request with the Council. Mayor Tralle opened the public hearing. Glen Sundeen of the Elk River Municipal Utili ties indicated that the purpose of the addition was to move all outside storage on the si te inside. Councilmember Holmgren indicated that he agreed with Commissioner Johnson and does not feel an additional 5,000 square foot of building is appropriate for the site. Councilmember Dietz expressed his concern regarding the closeness of the metal-skinned building to the adjoining property line. Bill Birrenkott of Elk River Utilities stated that the addition is only an extension of the existing building,. and that he has made arrangements with the adjoining property owner to screen the building. There being no further comments, Mayor Tralle closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE ELK RIVER UTILITIES TO ALLOW A 5,000 SQUARE FOOT ADDITION TO THE EXISTING BUILDING WITH THE CONDITIONS STATED IN THE MEMO TO THE PLANNING COMMISSION DATED MARCH 14, 1991. MAYOR TRALLE SECONDED THE MOTION. THE MOTION FAILED 2-3. COUNCILMEMBERS DIETZ, KROPUENSKE AND HOLMGREN OPPOSED. Councilmember Dietz stated that the building is getting too close to the residential neighborhood and felt it was time for the Utilities to look for a new area. Councilmember Kropuenske stated that the addition does intensify the use as it would become a more permanent use. He also stated that he did not feel it was right to move the existing building closer to the neighboring lot line. Councilmember Holmgren stated he was not in favor of using the existing property for storage and felt the Utili ties should look for a new location for this use. He stated he would like to see just the power plant on the existing property. 6.13.Conditional Use Permit (Gas Station/convenience store in C-3 zone) Ken Beaudry Janelle Szklarski indicated that Ken Beaudry is requesting a conditional use permit to construct a gas station/convenience store at the northeast corner of the intersection of Proctor Avenue and Highway 10. e Planning Commission Representative Robert Bischoff stated that the Planning Commission recommended approval of the request. He stated that the Commission recommended the closing of 6th street from Proctor City Council Minutes April 15, 1991 Page 11 -------------------- e Avenue to the proposed access on 6th Street, and if it is not closed, then no access should be allowed off of 6th Street. He further stated that the Planning discussed the hours of operation and had a spl it opinion on this matter. Mayor Tralle opened the public hearing. Judy Anderson of 633 Proctor Avenue stated she was not aware of the Planning Commission Meeting. Janelle Szklarski stated that the notice of the Planning Commission notice was included in the notice for the Council Meeting. Allan Orsborn, 622 Proctor questioned the proposed sidewalk and how much it would encroach on his property. Steve Rohlf explained that this would be discussed at the public hearing for the street improvements. Mr. Orsborn also questioned the size of the trees that would be screening the gas station operation from his home. Councilmember Dietz questioned the need for an ingress and egress off of 6th Street. e Discussion was held by Council regarding the matter of closing off 6th Street. It was the consensus of the Council to have this matter further reviewed by Staff because of the many concerns raised regarding the potential traffic problems and future businesses on 6th street. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE/GAS STATION REQUESTED BY KEN BEAUDRY FOR 60 DAYS~ SO THAT THE STAFF CAN RESEARCH THE CLOSING OF 6th STREET AND REPORT BACK TO COUNCIL WITH FINDINGS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.14.Reouest to reduce parkin~ by Doris AndersoQ Doris Anderson stated she was acting as a realtor for Coldwell Banker. She stated she had a client that was interested in purchasing the Old Town and Country Store and converting the building into a Class I restaurant. e Steve Rohlf, Building and Zoning Administrator, indicated that the proposed restaurant would require 28 parking stalls. He stated that this is an additional 24 parking stalls than the original use (Town and Country) was required to have. He informed the Council that according to the City's ordinance, the Council can reduce the number of parking stalls required if sufficient public off-street parking is available to serve the use. Steve Rohlf indicated that he did a parking study of the downtown area. He indicated that the parking issue in the downtown area should be reviewed with the downtown merchants and Council in the near future. Doris Anderson explained that Jeff Krueger is her client and they are both aware that off street parking on the site is impossible. She City Council Minutes April 15, 1991 Page 12 e indicated that he plans on using the big downtown parking lot and on-street parking for the restaurant. Jeff Kreuger stated that his busiest times would be between the hours of 11:30 a.m. - 1:30 p.m. and 5:30 p.m. and 8:30 p.m. COUNCILMEMBER HOLMGREN MOVED TO ALLOW THE PROPOSED RESTAURANT UP TO 38 ON-STREET PARKING SPACES IN THE DOWNTOWN AREA FOR THE OPERATION OF THE RESTAURANT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf informed the Council that he would bring the downtown parking issue to the downtown merchants and the Planning Commission for further study. 6.15.0rdinance Amendment "Silln Ordinance (Section 900.22) by the City of Elk River/Public Hearinll Janelle Szklarski indicated that the Planning Commission has reviewed an ordinance amendment to the sign ordinance and recommended changing the height of boulevard signs in C-2 zones from 5 feet to 7 feet. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 91-6, AN ORDINANCE AMENDING SECTION 900.22 - SIGN REGULATIONS SUB (4)(C)(iii) SIGNS PERMITTED IN COMMERCIAL C-1 AND C-2 ZONES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-2. COUNCILMEMBERS SCHULDT AND HOLMGREN VOTED AGAINST THE MOTION. 6.16.0rdinance Amendment "Subdivision Ordinance"/Section 1008/City of Elk River/Public Hearinll Steve Rohlf explained that the City Council previously directed staff to proceed with ordinance amendments to change the current policies regarding administrative subdivisions. He explained that the ordinance amendments would limit the number of administrative subdivisions on a parcel to one every two years and would eliminate metes and bounds descriptions. Robert Bischoff indicated that the Planning Commission recommended approval of the Ordinance Amendments. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-7, AN ORDINANCE AMENDING SECTION 1008.08, SUBD 2 OF THE SUBDIVISION REGULATIONS RELATING TO PROCEDURES FOR ADMINISTRATIVE SUBDIVISIONS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-8, AN ORDINANCE AMENDING SECTION 1008.26 RESTRICTIONS ON FILING AND RECORDING e e e City Council Minutes April 15 J 1991 Page 13 CONVEYANCES - SUBD 1A. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.17.0ther Robert Bischoff requested a joint meeting with the Council as per request of the Planning Commission. The Council stated they would choose a date and get back to the Planning Commission. Janelle Szklarski informed the Council that application has been made for a billboard in the location of Main Street and Highway 169. 7. Other Business There was no other business. 8.1. Exercise Challen~e The City Clerk informed the Council that City Staff was participating in an Exercise Challenge along with other businesses in the community. 8.2. MnDOT Tour The City Administrator informed the Council that a date should be decided upon for the annual MnDOT tour and luncheon. It was the consensus of the Council to try for a May 22, 1991, meeting and further that the lunch be held at Russell's on the Lake. 8.3. Park Point The City Administrator informed the Council that United Methodist Church is requesting to acquire Point Park. He stated the Church will pay $350 to the park fund for the land plus legal fees of approximately $200.00 for the transferring of the title. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE TITLE TRANSFER OF PARK POINT TO UNITED METHODIST CHURCH WITH THE STIPULATION THAT THE CHURCH PAY $350 IN PARK DEDICATION AND THE LEGAL FEES NECESSARY TO TRANSFER THE TITLE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. ----------------------------- The City Administrator informed the Council that he has been advised that John Curtis questioned the Board of Review as to what the City's response is in regard to the guardrail on his property. The City Administrator distributed the minutes of the January Council meeting in which the Council voted to take no further action on the Curtis guardrail situation. After further discussion, it was the consensus of the Council that no further action be taken. ------------------------ - e e City Council Minutes April 15, 1991 Page 14 The City Administrator informed the Council that John Weicht is working with MnDOT in the possible relocation from their site on Highway 169 near Elk Hills Drive. He indicated that two possible sites for relocation are a location near the Art Barn on Highway 169 and a site near the Industrial Park. It was the consensus of the Council to further review the site by the Industrial Park and they preferred the site south of County Road 1. The City Administrator informed the Council that the Park and Recreation Commission is recommending that the Council authorize a Prairie Grass Restoration project at Woodland Trails Park. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE PRAIRIE GRASS RESTORATION PROJECT AT WOODLAND TRAILS PARK WITH THE MONEY TO COME FROM PARK DEDICATION FUNDS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator presented the Council with a memo from the Street Superintendent regarding a request for park expenditures. Discussion was held by the Council as to whether aglime and grass seed were capital expenses. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE THREE REQUESTS AND IF THE GRASS SEED AND AGLIME WERE NOT CAPITAL EXPENDITURES, THEN LANDFILL MONEY DEDICATED TO THE PARK FUND COULD BE USED FOR THE PURCHASE OF THESE TWO ITEMS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that he is requesting that Gary Schmitz receive a pay adjustment because of the extra duties he has been performing that were not anticipated at the time he was hired. The City Administrator indicated that Gary has done an excellent job for the City. COUNCILMEMBER HOLMGREN MOVED TO INCREASE THE SALARY OF THE RECYCLING COORDINATOR BY ONE STEP EFFECTIVE IMMEDIATELY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator distributed a memo from the Building Official requesting uniform shirts and spring and fall jackets for the Building Inspectors. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE LOW QUOTE FOR THE PURCHASE OF KNIT 5 SHIRTS AND 1 NYLON JACKET FOR EACH BUILDING e e e City Council Minutes April 15, 1991 Page 15 INSPECTOR CONTINGENT UPON RECEIVING A QUOTE FROM SPORTS PLUS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that the City is still in possession of 3 lots. He indicated that the City attempted to sell the lots last year but the lots did not sell. After discussion it was the consensus of the Council to contact local real estate agents and attempt to sell the lots. 9. 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 10:35 p.m. Respectfully submitted, s~O:::~er::({LbA4 City Clerk