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06-17-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JUNE 17, 1991 Members Present: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt and Holmgren Members Absent: None Staff Present: Pat RIaers, City Administrator; Steve Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Bill Rubin, Economic Development Coordinator; Terry Maurer, City Engineer; Sandy Thackeray, City Clerk 1. Call Meetin~ To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 6/17/91 City Council A<<enda Items 3.3, Economic Development Proposal and 5.0, Police Van were added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/17/91 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 6/3/91 City Council Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 6/3/91 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 6/3/91 Executive Session City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 6/3/91 EXECUTIVE SESSION CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3. Economic Development Proposal Bill Rubin, Economic Development Coordinator indicated that he has had a request from a company which is considering Elk River for relocation. He indicated that the prospect has requested a letter from the City explaining the options the City could offer as incentives to locate in Elk River. Bill Rubin presented the Council with a draft letter to the company explaining the City's offer. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE BILL RUBIN TO PRESENT THE LETTER TO THE PROSPECT AS DRAFTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes June 17, 1991 Page 2 e 4. Open Mike Linda Fredrickson, representative of the Chamber of Commerce, requested permission to erect a temporary sign next to the community arts sign in the downtown Jackson Square parking lot. The purpose of the sign would be to advertise the Elk River Neighborhood Flag Run. The sign would be up through the 4th of July. It was the consensus of the City Council to allow the Chamber of Commerce to erect the temporary sign. 5.0. Police Van The City Admini strator indi cated that the Council had authorized the use of police equipment reserve funds in 1991 for the purchase of an emergency response team van. He indicated that the police have found a van which they could purchase for about $4,000. He also indicated that besirles the $4,000 purchase price, it would cost approximately an arlditional $4,000 to equip the van. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE PURCHASE OF A VAN FOR THE USE OF AN EMERGENCY RESPONSE TEAM VEHICLE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1. & 5.2. Conditional Use Permit and Variance Gerald Fast/P.H. e Mayor Tralle inrlicated that the Planning Commission had heard both of these requests and recommended denial of both requests. He further indicated that Mr. Fast has requested that these items be withdrawn. Mayor Tralle thanked the Planning Commission for their efforts and the way in which they handled the items. 5.3. Consider Closine of 6th Street/P.H. Steve Rohlf, Building and Zoning Administrator, indicated that the City is requesting Council consideration for the closing of 6th Street, east of Proctor Avenue. Terry Maurer, City Engineer, stated that he had not received an official response from MnDOT but was made aware through a phone conversation that MnDOT is in support of the closing. He indicated that MnDOT suggested that the City write a letter requesting permission to officially close 6th Street. Terry Maurer further suggested that the City consider requesting a reconveyance of the street so that the City will have ownership. He indicated that this is important because there are utilities located in 6th Street. e Steve Rohlf indicated that the area is a commercial area and felt that the Council should consider the installation of turn lanes from Highway 10 to Oxford Avenue. Terry Maurer suggested treating this issue as a separate issue after the closing of 6th Street is accomplished. Elk River City Council Minutes June 17, 1991 Page 3 e The City Council also discussed the possible closing of 6th Street, west of Proctor Avenue and the effects this would have on traffic and existing residents in the area. Mayor Tralle opened the public hearing at this time. George Adamski stated that he was opposed to the closing of West 6th Street as it is getting increasingly difficult to get to his place of business on Quinn Street. He stated that the closing of 6th Street wi 11 not allow eastbound traffic on 6th Street to make a right hand turn on Highway 10 from Oxford Avenue. He further indicated that the trucks using that access will have serious problems getting to their place of business. Warren Hudson - 6th Street and Oxford, indicated that he was in favor of closing 6th Street. He indicated that people use 6th Street to try to beat the light on Proctor Avenue and therefore take 6th Street to the Oxford exit to Highway 10. e Russ Olson, 1222 6th Street, indicated that the traffic situation would improve if the timing of the stoplight were lengthened. He indicated that the yellow I ight was too short of a time period and creates a dangerous si tuat ion. He further indicated he was not opposed to the closing of 6th Street east of Proctor Avenue. Terry Maurer indicated that he would check with MnDOT regarding the timing of the light. There being no further business, Mayor Tralle closed the public hearing. Councilmemher Schuldt indicated with the corner of Proctor Avenue and 6th Street being developed commercially, the amount of traffic would increase significantly and, therefore, it would be best to close off 6th Street. Councilmember Dietz concurred with Councilmember Schuldt. COUNCTLMEMBER SCHULDT MOVED TO CLOSE WEST 6TH STREET AT THE INTERSECTION OF PROCTOR AVENUE AT POINT A ACCORDING TO THE STAFF REPORT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. The motion and the second were both withdrawn. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-38, A RESOLUTION REQUESTING THAT MNDOT CLOSE A PORTION OF 6TH STREET EAST OF PROCTOR AVENUE AND ALSO REQUESTING THE TURN BACK OF 6TH STREET FROM MNDOT TO THE CITY OF ELK RIVER. COUNCTLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Conditional Use Permit Request by Ken and Carrie Beaudry/P.H. It Mayor Tralle indicated that the applicant is requesting a conditional use permi t to construct a gas station and convenience store at the northeast corner of the intersection of Proctor Avenue and Highway 10. Mayor Tralle indicated that the Council had heard this request previously,however, it was tabled until the closing of 6th Street could be resolved. e e e ~r Elk River City Council Minutes June 17, 1991 Page 4 Mayor Tralle opened the public hearing. Allan Orsborn, 622 Proctor Avenue, stated he would like the Council to consider having the applicant construct a privacy fence to screen the lights and the possible walk through traffic from the gas station to his yard. Discussion was held by the Council whether Mr. Beaudry would be required to construct a privacy fence and also put in the required landscaping trees. Counci lmember Holmgren indicated that the fence wi 11 not screem the lighting but will cut down on the people walking through private property and that the trees are required by the landscaping ordinance and further that the trees would screen the 1 i ghting. Clarice Orsborn, 622 Proctor Avenue, requested the Council to consider placing restrictions on the hours of operation for the gas station. It waR the consensus of the Council that restricting hours of operation on the gas station would not be feasible due to the number of other gas stations in the City that do not have to operate under those conditions. Mayor Tralle expressed his concern regarding the placement of the handicapped swales towards the end of the building. He requested that the swales be placed closer to the doorway. Discussion was held by the Council regarding the traffic flow through the gas station. There being no further business, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST FOR KEN BEAUDRY TO CONSTRUCT A GAS STATION/CONVENIENCE STORE AT THE CORNER OF PH,OCTOR AVENUE AND HIGHWAY 10 WITH THE FOLLOWING ST I PULA T IONS: 1. THAT THE CITY COUNCIL PETITION MNDOT TO CLOSE 6TH STREET FROM PROCTOR AVENUE EAST TO THE PROPOSED ACCESS IN ORDER TO FACILITATE SAFE TRAFFIC MOVEMENTS IN AND OUT OF THIS SITE. FURTHER, THAT NO ACCESS ONTO 6TH STREET BE ALLOWED IF THE WESTERN PORTION IS NOT CLOSED. 2. THAT THE SOUTHERN RIGHT-IN ACCESS OFF OF PROCTOR AVENUE BE ANGLED MORE AND SIGNED IN ORDER TO ENSURE THAT IT IS ONLY USED FOR RIGHT-IN MOVEMENTS. THE FINAL DESIGN OF THE TRAFFIC PLAN SHALL BE APPROVED BY CITY ENGINEER, TERRY MAURER. 3. THAT THE DEVELOPER GRANT THE CITY A 7 FOOT EASEMENT FOR STREET PURPOSES ON THE WESTERN EDGE OF THEIR PROPERTY TO FACILITATE THE CONSTRUCTION OF A CITY SIDEWALK ONCE PROCTOR AVENUE IS RECONSTRUCTED THIS FALL. THE EASEMENT SHALL BE GRANTED PRIOR TO A BUILDING PERMIT BEING ISSUED. 4. THAT SIGNAGE ON THIS SITE BE AS PER CITY CODE. 5. THAT THE DUMPSTER IN THE NORTHEAST CORNER OF THIS SITE BE SCREENED TO AT LEAST THE HEIGHT OF THE DUMPSTER WITH MATERIALS THAT ARE ARCHITECTURALLY HARMONIOUS WITH THE BUILDING. ALSO, THAT THE Elk River City Council Minutes June 17, 1991 Page 5 e DUMPSTER BE DESIGNED SO THAT IT IS CAPABLE OF HANDLING RECYCLABLE MATERIALS. 6. THAT THE DEVELOPER PLANT 14 BLACK HILLS SPRUCE TREES AS INDICATED ON THE SITE PLAN TO ENSURE SCREENING ALONG THE NORTHERN AND EASTERN EDGES OF THE PROPERTY. 7. THAT THE DEVELOPER OBTAIN A PERMIT FROM THE FIRE MARSHAL FOR THE LOCATION OF THE UNDERGROUND STORAGE TANKS AND THAT A COPY OF THIS PERMIT BE SUBMITTED TO CITY STAFF FOR THE FILE. 8. THAT THE HANDICAPPED PARKING STALL BE PLACED CLOSER TO THE BUILDING. 9. THAT AN ADDITIONAL FIRE HYDRANT BE PLACED ON 6TH STREET TO ENSURE FIRE SAFETY IN THE EVENT THAT 6TH STREET IS CLOSED. FURTHER, THAT THE COST FOR THIS NEW HYDRANT BE BORNE BY THE DEVELOPER. 10. THAT THE PARKING LOT BE HARDSURFACED WITH CONCRETE CURB AND GUTTER. 11. THAT LOADING OPERATIONS BE LIMITED TO 7:00 A.M. TO 10.00 P.M. e 12. THAT SOIL COMPACTION TEST BE SUBMITTED TO THE CITY PRIOR TO BUILDING PERMIT APPROVAL. 13. THAT THE FINAL SITE PLAN WHICH SHOWS THE TRAFFIC PATTERNS BE APPROVED BY THE CITY ENGINEER. 14. THAT THE ELECTRIC TRANSFORMER BE SET BACK 10 FEET FROM THE BUILDING AND ADEQUATELY SCREENED. 15. THAT LIGHTING BE DIRECTED AWAY FROM RESIDENTIAL USES. 16. THAT THE DEVELOPER OBTAIN ANY PERMITS WHICH MAY BE NECESSARY FOR ACCESS OFF OF 6TH STREET. 17. THAT THERE BE NO RESTRICTIONS ON HOURS OF OPERATION. 18. THAT A PRIVACY FENCE OF NOT LESS THAN 80% OPACITY AND NOT LESS THAN FIVE FEET IN HEIGHT BE CONSTRUCTED ALONG THE NORTHERN PROPERTY BOUNDARY. 19. THAT THE COSTS FOR THE 6TH STREET CLOSURE BE BORNE BY THE DEVELOPER. 20. THAT AN ADDITIONAL HANDICAPPED SWALE BE PUT NEAR THE ENTRANCE OF THE STORE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5~0. e 5.5. Administrative Subdivision Request Vern Reynolds/P.H. Elk River City Council Minutes June 17, 1991 Page 6 e Janelle Szklarski indicated that Vern Reynolds is requesting to divide a 40 acre parcel of land into a 14 acre parcel and a 26 acre parcel. Bill Christian was present representing Vern Reynolds. Janelle Szklarski indicated that the County Highway Engineering Department has reviewed the survey and it was their determination that only one access off of County Road 33 should be allowed. She indicated that the access would be straddling the lot line. She indicated that the Count.y also stat.ed that they would prefer to see the access moved further south than the proposed lot line so as to facilitate better visibility at County Road 33. 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 ADMINISTRATIVE SUBDIVISION REQUEST BY VERN REYNOLDS TO DIVIDE A 40 ACRE PARCEL INTO A 14 ACRE PARCEL AND A 26 ACRE PARCEL WITH THE FOLLOWING STIPULATIONS: 1. THAT THE LOCATION OF THE LOT LINE AND ROAD ACCESS BE APPROVED BY STAFF. e 2. THAT THE PETITIONER PAY $350 IN PARK DEDICATION FOR THE ADDITIONAL LOT CREATED. 3. THAT THE PETITIONER PROVIDE THE CITY WITH TWO NEW LEGAL DESCRIPTIONS FOR RECORDING. 4. THAT THE PETITIONER OBTAIN PERMITS FROM THE COUNTY FOR ACCESS OFF OF COUNTY ROAD 33. 5. THAT THE LOWEST FLOORS OF THE DWELLINGS BE A MINIMUM OF ONE FOOT ABOVE THE HIGH WATER TABLE AS INDICATED BY MOTTLED SOIL. 6. THAT THE APPLICANT DEDICATE AN ADDITIONAL 17' OF ROADWAY EASEMENT TO THE COUNTY FOR COUNTY ROAD 33. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5.0. 5.6. Ordinance Amendment/Section 900. 22/Sbm Ordinance C-1 and C-2 Zones/Public Hearing e Janelle Szklarski indicated that currently the sign ordinance allows one wall sign per occupant in the C-l zoning district. She indicated that because a number of businesses in the C-l district are visible from more than one street, staff is proposing that two wall signs per occupant be allowed in the C-l district. Mary Eberley, Planning Commission Representative indicated that the Planning Commission felt that it was important to allow signage on both sides. of commercial buildings if they are visible and accessible to the public from two sides of the building. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. . . Elk River City Council Minutes June 17, 1991 Page 7 e COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 91-10, AN ORDINANCE AMENDING SECTION 900.22 SIGN REGULATIONS SUBDIVISION 4.C. SIGNS PERMITTED IN COMMERCIAL C-1 AND C-2 ZONES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Ordinance Amendment Section Re~ulations/Publlc Hearin~ 900.24 Parkin~ and Load I m~ St.eve Rohlf, Building and Zoning Administrator, indicated that the City Council had directed staff to have the Planning Commission review the parking ordinance. Mary Eberley, Planning Commission Representative, ind tcated that the Planning Commission reviewed the parking ordinance and is recommending its approval to the City Council. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-11, AN ORDINANCE AMENDING SECTION 900.24 PARKING AND LOADING REGULATIONS SUBDIVISIONS 2, 3. D., 7 AND 10. COUNC I LMEMRER KROPUENSKE SECONDED THE MOT ION. THE MOTION CARRIED 5-0. 6.1. Fillmore Street Rids e Terry Maurer, City Engineer, indicated that the bids were tabulated for the Fillmore Street construction project on April 23, 1991. He indicated that Bituminous Consulting and Contracting Inc. came in at the low bidder at a price of $179,400. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 91-39, A RESOLUTION ACCEPTING BID FROM BITUMINOUS CONSULTING AND CONTRACTING INCORPORATED AND AUTHORIZING THE EXECUTION OF THE CONTRACT IN THE MATTER OF THE FILLMORE STREET IMPROVEMENTS OF 1991. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 0-0. 6.2. Consider Sale of Outlot A Steve Rohlf, Building and Zoning Administrator, indicated that the City had three lots for sale in School View 1st Addition since last year. He indicated that the City did not received an acceptable bid when the City went out for bids. The Building and Zoning Administrator stated that Mr. Mel Beaudry has submitted It Purchase Agreement for the purchase of the three lots. The Council reviewed the terms of the Purchase Agreement. The City Administrator indicated that the staff would rather see cash payment for the lots instead of Contract for Deed and also that staff would prefer a higher amount for the lots than what was offered by Mr. Beaudry. e COUNCILMEMBER KROPUENSKE MOVED TO GRANT THE CITY ADMINISTRATOR AUTHORITY TO NEGOTIATE WITH THE PURCHASER OF THE LOTS AND THAT THE LOWEST ACCEPTABLE OFFER BE THE PURCHASE AGREEMENT REVIEWED AT THIS MEETING. COUNCILMEMRER HOLMGREN SECONDED, THE MOTION. THE MOTION CARRIED 5-0. 6.3. 3.2. On-Sale License for Sherburne County Fair Elk River City Council Minutes June 17, 1991 Page 8 e The City Clerk indicated that the Sherburne County Lions have requested to sell 3.2 non-intoxicating beer at the Sherburne County fair grounds for four days during the Sherburne County Fair. She indicated that she has received the license application and license fee, however, the insurance has not been submitted. COUNCI LMEMBER HOLMGREN MOVED TO APPROVE A TEMPORARY 3.2 NON-INTOXICATING BEER ON-SALE LICENSE TO THE SHERBURNE COUNTY LIONS TO SELL 3.2 BEER ON-SALE AT THE SHERBURNE COUNTY FAIR ON JULY 18 THROUGH JULY 21, 1991, CONTINGENT UPON THE CITY RECEIVING A LIQUOR LIABILITY INSURANCE POLICY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business There was no other business. 8. Check Re~ister COUNCILMEMBER DIETZ MOVED TO APPROVE TO THE CHECK REGISTER AS SUBMITTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. City Administrator Update 4It There was no update items at this meeting. 10. Adjournment There being no further business, COUNCILMEMBER DIETZ MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:00 p.m. Respectfully submitted, Lh.::Jhu~ Sandra Thackeray /~ City Clerk e