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08-19-1991 CC MIN e e e . ;,' . ..,','.' ".,' MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, AUGUST 19, 1991 Members Present: Mayor Tralle, Councilmembers Schuldt, Holmgren, Kropuenske and Dietz Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator; Lori Johnson, Finance Director; Janelle Szklarski, Zoning Assistant 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 8/19/91 City Council A~enda Councilmember Kropuenske stated that Dr. Rock would be unable to attend this meeting due to a medical conflict and that his interview should be rescheduled until August 26, 1991. Steve Rohlf, Building and Zoning Administrator stated that he wished to add a few discussion items to the Building and Zoning portion of the agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 8/19/91 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 7/29/91 Citv Council Minutes Counci lmember Schuldt took exception to the sentence on Page 3 which stated that "the Council concurred with the recommendation of the Orono Road location as it allows for future development." Councilmember Schuldt stated that this wordage seemed to indicate that the Council had actually voted on the location of the road. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 7/29/91 REGULAR CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 8/5/91 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/5/91 REGULAR CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3. Consider 8/12/91 City Council Work Session Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/12/91 CITY COUNCIL WORK SESSION MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes August 19, 1991 Page 2 e 4. Open Mike Twyla O'Keefe of Orono Road stated that she was concerned about the intersection of the Otsego Bridge and Main Street near Nadeau's Clothing Center. Mrs. O'Keefe stated that this is a dangerous intersection and suggested adding a stoplight or an additional stop sign on Main Street to help traffic making a left hand turn from Otsego onto Main Street. Mayor Tralle stated that although adding a stop light to this intersection would be difficult because of its proximity to the Highway 10 right-of-way, the City would have the Police Chief and City Engineer study this intersection and make a recommendation as to whether a stop sign would be appropriate. Lou Fountain, 801 Irving Avenue, stated that she was representing the C.A.E.R. Food Shelf and was requesting permission to put up eight temporary signs advertising their annual C.A.E.R. Soup Supper to be held on October 13. She indicated that the signs would be approximately 8 square feet in size and would be up two weeks prior to the supper. Mayor Tralle indicated that nonprofit signs were an item on the agenda for discussion and that the Council would consider her request at that time. 5.1. Consider Variance Reauest by Dennis Chuba/P.H. e Janelle Szklarski, Zoning Assistant, stated that Mr. Chuba is requesting a variance from. the setbacks from the ordinary high water mark as required by the shoreland regulations. The affected property was located on Kliever' s Marsh. Ms. Szklarski stated that the City staff and Planning Commission were recommending approval of this variance as they felt a hardship existed due to the fact that the higher ground sui table for building was located closer to the water than the setbacks allowed. Ms. Szklarski also indicated that the DNR had been notified of this request and were in agreement with this recommendation. Mayor Tralle opened the public hearing. Marilyn VanPatten stated that she was the applicant's wife and would like clarification on the stipulation that mature trees be preserved on the lots. The City Council concurred that this stipulation meant that every attempt should be made to preserve mature trees but that obviously some would need to be removed in order to build on the lots. Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUEST. BY DENNIS CHUBA FOR ENCROACHMENT ON THE SETBACKS REQUIRED FROM NATURAL ENVIRONMENT WATERS SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THAT THE SEPTIC SYSTEMS MUST MEET THE 150 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK AS PER THE CITY'S SHORE LAND REGULATIONS. e 2. THAT PERC TESTS BE DONE ON EACH PARCEL TO AID IN THE SEPTIC SYSTEMS DESIGN. City Council Minutes August 19, 1991 Page 3 e 3. THAT MATURE TREES BE PRESERVED ON THE LOTS. 4. THAT THE HOUSES CONSTRUCTED HAVE THEIR LOWEST FLOOR ELEVATION ABOVE THE OVERFLOW ELEVATION OF THE POND. 5. THAT THE APPLICANT DEDICATE A 50 FOOT EASEMENT EXTENDING FROM KLIEVER'S MARSH TO 175TH AVENUE AS SHOWN ON THE SITE PLAN. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOT10N CARRIED 5-0. 5.2. Consider Conditional Use Permit Request bv J.R. Tech Automotive/P.H. Steve Rohlf, Building and ZonIng Administrator, indicated that J .R. Tech was requesting a conditional use permit to relocate his auto repair business in the former E & 0 Tool building located on west Highway 10. Mr. Rohlf reviewed the stipulations which were recommended by the Planning Commission. Councilmember Dietz stated that he felt a fence would he a better buffer from the park than planting five trees. Mr. Rohlf indicated that the Planning Commission had considered a fence but felt that trees would break up the. harsh site lines. e Councilmember Kropuenske stated that he felt giving the applicant two years to pave the parking lot was excessive. He stated he would be more comfortable with a one year time limit. James Rogness, the applicant, stated that most of the parking lot is already paved and there are only a few areas which are still gravel. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Mayor Tralle agreed with Councilmember Dietz that planting tre~s in th~ middle of tar did not seem like an adequate solution to scre~ning this si te from adjacent park land. Mayor Tralle also indicated that the Ci ty may vacate Hudson Street in the future and that this request should be brought back in two years to address buffering from the park once the City has decided what changes will occur in the park. Councilmember Kropuenske stated he would like to see the parking lot striped and the cars parked in a neat and orderly manner. Councilmember Holmgren questioned the number of employees and where they would park. James Rogness indicated that he had four employees and one tow truck which would be parked inside at night. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY J.R. TECH AUTOMOTIVE WITH THE FOLLOWING CONDITIONS: e 1. THAT PARKING AND DRIVE AREAS BE PAVED BY SEPTEMBER 30, 1992. IN ADDITION THAT THE PARKING LOT BE STRIPED AND THE CARS PARKED ACCORDINGLY. 2. THAT ALL AREAS NOT DEVOTED FOR PARKING AND DRIVE OR BUILDING BE LANDSCAPED WITH AT LEAST GRASS. FURTHER, THAT 25 TREES BE PLANTED City Council Minutes August 19, 1991 Page 4 e ON THIS SITE; FOUR SPRUCE TO BE PLANTED ON THE WEST SIDE OF THE BUILDING TO SCREEN THE AIR CONDITIONING UNIT AND ANOTHER FOUR TO BE PLANTED ON THE WEST SIDE OF THE BUILDING TO SCREEN AN ELECTRICAL BOX. THE REST OF THE TREES TO BE LOCATED AT THE PETITIONER'S DISCRETION. 3. THAT ANY STORAGE OUTSIDE OF THE BUILDING BE LOCATED IN THE PROPOSED SCREENED AREA SOUTHEAST OF THE BUILDING. 4. THAT ALL APPROPRIATE BUILDING CODES BE MET. 5. THAT A TWO YEAR REVIEW OF THIS CONDITIONAL USE PERMIT ADDRESS BUFFERING THIS BUILDING FROM THE PARK LOCATED ON THE EAST SIDE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Consider Construction Debris Surchar~e Issue e Steve Rohlf stated that the State of Minnesota had recently passed a law which allowed ~i ties to collect a fee of $.50 per cubic yard of waste on operators of construction debris facilities. However, the maximum that a City could collect was determined by multiplying the total capacity of the construction debris facility by $ .15... If the City chose to charge $.50 per cubic yard, in essence they would be collecting the money faster than the waste would come in. Steve Rohlf also indicated that the City must reduce this fee by 25% if the facility has an approved recycling program. Mr. Rohlf indicated that another 25% could be reduced from this fee if the facility used a liner where the demolition is occurring. Mr. Rohlf went on to explain that staff felt that the City needs to collect this money from the Landfill as money going into the Landfill Abatement Fund has been less than the money coming out of it. Vicki Kreger, of the Elk River Landfill, stated that if the City chose to charge this fee, she would like to see them put the money aside for contingency action. Mayor Tralle stated that very little construction debris actually comes from Elk River, therefore, the City should take this opportunity to collect money and funnel it back into the community through waste education. St.eve Rohlf stated that the conversion rate from cubic yards to tons would be 2 cubic yards per ton. Mr. Rohlf also indicated that there is some discrepancy between staff and the Landfill as to what the maximum capacity of the construction debris cell is; however, this could be resolved on a staff level. Mrs. Kreger requested that the City charge only $.20 per cubic yard to reflect the life of the construction debris facility in case it would close early. e Councilmember Schuldt questioned if the Ci ty would want to collect a higher fee so they could build up a fund and collect interest. Lori Johnson, Finance Director, indicated that the total sum of money was not too substantial. Councilmember Kropuenske questioned if the City would charge only $ .15 per cubic yard, would it be an incentive for more construction debris to come into this facility. Mrs. Kreger e e e City Council Minutes August 19, 1991 Page 5 replied that the Landfill already charges more than other facilities for their construction debris and did not feel that this small fee would give them an edge in attracting more construction debris. Mayor Tralle suggested that the Council meet in the middle and charge $.25 per cubic yard. The Council concurred. Mr. Rohlf stated that staff would amend the resolution to reflect the maximum capacity and the new surcharge of $.25 per cubic yard. COUNCILMEMBER KROPUENSKE MOVED TO TABLE ACTION ON THIS RESOLUTION UNTIL AUGUST 26, 1991, SO THAT THE CHANGES COULD BE REFLECTED IN THE RESOLUTION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Consider Ordinance Amendment to Section 900.12/P.H. Steve Rohlf indicated that this ordinance amendment was the result of the previous home occupation ordinance and that basically this ordinance amendment would allow home occupations in the agricultural and single family zones and in single family homes which are located in multifamily zones. This ordinance amendment would also allow financial insti tutions as permitted uses in the C-3/Highway Commercial zoning district. 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 ORDINANCE 91-17, AN ORDINANCE AMENDING SECTION 900.12, PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Consider Ordinance Amendment to Section 900.08/P.H. Mr. Rohlf indicated that this amendment to the definition section would add the definition of permitted and conditional home occupations to reflect the new ordinance. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE ORDINANCE 91-18, AN ORDINANCE AMENDING SECTION 900.08, DEFINITIONS. COUNCILMEMBER HOLMGREN BECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6a.Consider Development in Sewer and Water District Steve Rohlf indicated that the Planning Commission had reviewed this item and had recommended that the City allow limited development in the commercial and industrial zones which are in the City sewer and water district but do not have services available to them at this time. The Planning Commission also recommended that this type of development should be done through some sort of approval process such as a condi tional use permit. In addition, the Planning Commission also recommended that uses which need extensive septic systems should be City Council Minutes August 19, 1991 Page 6 e prohibi ted from developing without City sewer and water. Mr. Rohlf went on to state that staff's recommendation is different from the Planning Commission's in that staff feels that if we allow development of any size without City sewer and water available, it will lessen the demand for sewer and water at a later date. This in turn would change the nature of the businesses that choose to locate in these areas and would ultimately alter the Comprehensive Plan and Focus Area Studies. Councilmember Kropuenske agreed that any development in the sewer and water district without City sewer and water will have a negative affect on extending those services at a later date. Mayor Tralle indicated that the City of Elk River is less restrictive in its policies towards development within the sewer and water district than other cities. e Councilmember Holmgren indicated that he was in favor of allowing limited development within the sewer and water district prior to services being extended. He felt that this was a different situation than along east Highway 10 and that not allowing any development until services are extended puts a definite hardship on property owners. Councilmember Schuldt stated that installing utilities after the fact would be difficult and referenced the future extension of utilities to the Westwood Subdivision and the problems that were occurring there. Councilmember Schuldt also referenced the AmericInn situation where they wanted sewer and water extended before they would build .on . their site, however, the existing businesses did not want utilities. Mayor Tralle questioned whether development could be allowed on existing lots of record. Mr. Rohlf answered that most of the existing lots of record were large sites and would lend themselves to land intensive uses which do not necessarily rely on City sewer and water for their business. Councilmember Kropuenske stated that the Focus Area Studies had planned a business park for western Elk River and that this park was dependent on utilities serving it. Mayor Tralle stated that with the building of a new City Hall on the west side of Lake Orono, the first phase of sewer extension should occur next year. The City sho~ld stick to its Comprehensive Plan and Focus Area Study as a lot of time and money had been invested in both. COUNCILMEMBER KROPUENSKE MOVED TO DENY ANY DEVELOPMENT WITHIN THE CITY SEWER AND WATER DISTRICT UNTIL CITY SEWER AND ,WATER WERE AVAILABLE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Holmgren was opposed. 5.6b.Shoreland Re~ulations e Janelle Szklarski, Zoning Assistant, indicated that City staff had wri tten a draft ordinance for the new shoreland regulations and had decided to appeal to the DNR on three items; the height of structures, setbacks of structures from county, federal and state right-of-way and the classification of the Elk River. It was the consensus of the City Council that staff should proceed with that appeal process. 5.6c.Nonorofit Si~ns City Council Minutes August 19, 1991 Page 7 e The Council discussed the possibility of adding several locations for communi ty signs where nonprofit and chari table events could be publicized. In the meantime, the City Council ordered staff to draft an ordinance amendment with recommendations to the Planning Commission which would allow temporary signs for nonprofit and charitable functions to be located off-premise. COUNCILMEMBER KROPUENSKE MOVED TO GRANT THE C.A.E.R. FOOD SHELF'S REQUEST FOR TEMPORARY SIGNS. COUNCILMEMBER HOLMGREN SECONDED "THE MOTION. THE MOTION CARRIED 5-0. 5.6d.Other The City staff updated the City Council on various issues including parking at the Landmark Motel, Carno-Alley's compliance with conditional use permit stipulations, and a historical tour for the Planning Commission. 6.1 Consider Amendment to Promissory Note (1986 Economic Recovery Fund Loan) COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE AMENDMENT TO THE PROMISSORY NOTE FOR THE 1986 ECONOMIC RECOVERY FUND LOAN. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. tit 6.2. Consider Revisions to TIF Policy COUNCILMEMBER DIETZ MOVED TO APPROVE THE REVISIONS TO THE TIF POLICY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Premise Permit Application for VFW Post COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PREMISE PERMIT APPLICATION FOR THE ELK RIVER VFW POST. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Consider Ad for 4-H Plat Book COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE AD FOR THE 4-H PLAT BOOK. COUNCILMEMBER DIETZ ,SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Consider Group Health Insurance Proposals tit Lori Johnson, Finance Director, indicated that Medica had increased the Ci ty' s group health insurance premiums 25% effective August 1, and therefore, the City had requested proposals for other coverage. Eight companies submitted proposals. She stated that after thorough review of the proposals, it was recommended that the Group Health, Inc. proposal be accepted. She further indicated that employees had voted on this issue with 19 voting to stay with Medica, 19 voting to change to Group Health, Inc., and eleven not voting. Concerns of the employees with single and family coverage were discussed. Councilmernber Kropuenske indicated he was glad to see reduced premiums for employees taking family coverage. Lori Johnson stated timing the e e e City Council Minutes August 19, 1991 Page 8 Ci ty' s increase in its insurance contribution to the premium increase may help employees more easily recognize that the City does increase the contribution annually. Barry Rosenberg gave some background information on insurance trends and the .City's experience rating. Nancy McKay, of Group Health, Inc., presented a brief overview of Group Health, Inc.. COUNCILMEMBER. SCHULDT MOVED TO APPROVE THE GROUP HEALTH, INC. PROPOSAL WITH A FIVE PERCENT NONSMOKING DISCOUNT INCLUDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Re~ister Counci lmember Schuldt questioned the check to the Chamber of Commerce for membership dues and the need to pay dues when the City already contributes $7,000 to their budget. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBERKROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Schuldt voted against approval because of his disagreement with payment of the Chamber of Commerce dues. 8. Other Business Lori Johnson indicated that both the Historical Society and the Nickerson family would like the cornerstone from the creamery. The Council concurred that the Historical Society can have the cornerstone if it is di splayed publicly. I f or when the Historical Society no longer wants the cornerstone, it must be returned to the City. 9. Adjournment COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:00 p.m. Respectfully submitted, Jg~ki Zoning Assistant