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04-16-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAYt APRIL 16t 1990 Members Present: Mayor Trallet Councilmembers Holmgren, Schuldtt Dobel and Kropuenske Members Absent: None Staff Present: Pat Klaers, City Administrator; Stephen Rohlf, Building and Zoning Administrator; Tim Keane, City Attorney; Sandy ThackeraYt 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 by Mayor Tralle at 7:00 p.m. 2. Consider 4/16/90 City Council A~enda Item 8.1, Councilmember Dobel was added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 4/16/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 4/2/90 City Council Minutes Councilmember Dobel noted that under members present his name should be deleted. On Page 2t Councilmember Schuldt stated that under Item 4.4t on Page 2 t the words "tanker truck" should be replaced with the words "aerial platform truck". COUNCILMEMBER DOBEL MOVED TO APPROVE THE APRIL 2 t 1990 t CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Kropuenske requested that staff research the end of Page 3 of the March 6t 1990t Planning Commission Minutes. He stated that it seems that there may be something missing from the minutes. 4.1 Declaration of Minnesota Earth Day COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-11t A RESOLUTION DECLARING APRIL 22t 1990t AS EARTH DAY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 16, 1990 Page 2 e Steve Rohlf, Building and Zoning Administrator, stated that three 4-H groups have requested to help during Earth Day by cleaning up three of the City's parks. He stated that the 4-H groups are requesting that the City donate $50 per group. COUNCILMEMBER DOBEL MOVED TO GIVE $150 ($50 PER GROUP) TO THE THREE 4-H GROUPS WHO HAVE VOLUNTEERED TO ASSIST THE CITY IN CLEANING UP LITTER ON EARTH DAY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2 Declaration of Minnesota Volunteer Reco~nition Week COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 90-12, A RESOLUTION RECOGNIZING APRIL 22-28 AS MINNESOTA VOLUNTEER WEEK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1 Variance Reauest Doudas/P.H. Subdivision Identification Si~n Terry Lee Mayor Tralle indicated that the Planning Commission has not finished their review of the sign ordinance and, therefore, are requesting the Council to table this item. e Mayor Tralle opened the public hearing. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE VARIANCE REQUEST BY TERRY LEE DOUGLAS FOR INCREASED SIZE OF PERMANENT SU:DIVISION IDENTIFICATION SIGN TO THE MAY 21, 1990, CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf stated that Mr. Douglas had revised his request to ask for an extension of the temporary subdivision identification sign. It was the consensus of the Council to act on both requests at one time. 5.2 Ordinance Amendment/Si~n Ordinance by the City of Elk River/P.H. Mayor Tralle indicated that the Planning Commission has not completed review of the sign ordinance and, therefore, is requesting this item to be tabled. Mayor Tralle opened the public hearing. COUNCILMEMBER DOBEL MOVED TO TABLE THE SIGN ORDINANCE AMENDMENT TO THE APRIL 23, 1990, CITY COUNCIL MEETING TO BE HELD AT THE COMMUNITY EDUCATION CENTER AT 7:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.3 Ordinance Amendment Interim Use Ordinance by the City of Elk River/P.H. Mayor Tralle indicated that the Planning Commission did not finish their review of this item at their March 27 meeting, therefore the Planning Commission was requesting that this item be tabled. City Council Minutes April 16, 1990 Page 3 e Mayor Tralle opened the public hearing. He indicated that the public hearing would not be closed and that public comment would be received at the May 21, 1990, City Council meeting. COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE ORDINANCE AMENDMENT OF THE INTERIM USE ORDINANCE UNTIL THE MAY 21, 1990, CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10 Easement Vacation Woodwri~ht Homes/P.H. Mayor Tralle indicated that the applicant did not submit the material to staff in time to review for the Council meeting. COUNCILMEMBER DOBEL MOVED TO TABLE THE EASEMENT VACATION REQUESTED BY WOODWRIGHT HOMES UNTIL THE MAY 21, 1990 CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4 Variance Reauest Minimum Lot Size and Fronta~e/R.E.P.. LTD/P.H. e Mayor Tralle stated that R.E.P., Ltd., represented by Gary Santwire, is requesting a variance on lot size and width for the plat of Auburn Commons, which will accommodate seven single family homes. Steven Rohlf, Building and Zoning Administrator, stated that lots 1-6 will require a variance for the minimum width which is currently 80 feet and all the seven lots need a variance for lot size which is currently 10,000 square feet. Al Nadeau, Planning Commission representative, stated that the Planning Commission felt that the variance request did not meet the five standards required for a variance and, therefore, unanimously recommended denial of the request. He stated that their decision was based on the fact that the only hardship the Planning Commission could find was based on economics. Gary Santwire stated he felt the applicant did meet the five standards required for a variance. Mayor Tralle opened the public hearing. Carl Miller, 708 Auburn Place, stated that the Council should take into consideration the number of units that are currently in the area and the number that will be added in the future. He further stated that there is only one entrance and exit into the subdivision. Gary Santwire responded by stating that the current proposal would create less units of housing than is allowed in the underlying zoning of property. Mrs. Carl Benson of 548 Auburn stated that with the additional seven housing units the area would be too densely populated. e There being no further comments, Mayor Tralle closed the public hearing. City Council Minutes April 16, 1990 Page 4 e Councilmember Schuldt stated that if there is a hardship, the developer is bringing it upon himself because the applicant was aware of the regulations prior to developing the plans. Councilmember Schuldt further stated that he felt that the setbacks were too close. COUNCILMEMBER HOLMGREN MOVED TO DENY THE VARIANCE REQUEST FOR A REDUCTION OF MINIMUM SINGLE FAMILY LOT SIZE AND WIDTH TO THE PLAT OF AUBURN COMMONS BY R.E.P., LTD, BASED ON THE PLANNING COMMISSION'S FINDINGS OF FACT THAT THE APPLICANT DID NOT MEET THE FIVE STANDARDS REQUIRED FOR A VARIANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Council member Dobel stated that the applicant is requesting half the number of units that is allowed in the area and felt that the area would not be any more crowded than in the past. He stated that because of this he would vote against the motion. THE MOTION CARRIED 4-1. Councilmember Dobel opposed. 5.5 Ordinance Amendment to Amend Section 900.18 Titled Schedule of Dimensional Re~ulations by R.E.P.. Ltd./P.H. e Mayor Tralle stated that R.E.P., Ltd. of Elk River is requesting an ordinance amendment to Section 900.18 of the Elk River City Code to reduce the minimum lot size and width for single family lots in R-2b, R-3 and R-4 multi-family zones. Steve Rohlf, Building and Zoning Administrator, indicated that the amendment would result in the lot sizes in these zones being reduced from 80 feet wide and 10,000 square feet in size to 60 feet wide and 6500 square feet in size. Al Nadeau, Planning Commission representative, stated that the Planning Commission recommended denial of the request. Steve Rohlf stated that the applicant's request was originally for R-2b only and at the request of the City staff R-3 and R-4 were added to the ordinance amendment. Mayor Tralle opened the public hearing. The Council discussed the impact that this ordinance amendment would have on all three zones. Mayor Tralle stated that the proposed ordinance amendment for single family and R-3 and R-4 zones, would allow for four density units per acre. Gary Santwire stated that he was under the impression that there would be six density units allowed per acre and that if this is not the case he would be willing to withdraw the ordinance amendment as it relates to R-3 and R-4 zones. There being no further comments from the public, Mayor Tralle closed the public hearing. e Councilmember Dobel stated that he would like to see this ordinance amendment approved because the City is running out of city sewered and watered lots and this would add seven more to the City. Councilmember City Council Minutes April 16, 1990 Page 5 e Holmgren stated that he would be in favor of the proposed ordinance amendment but only as it relates to R-2b zones. Councilmember Schuldt stated that he did not feel the amendment was logical because when making anordinance amendment the Council must look into the future and consider how this would affect other R-2b areas in the City. Mayor Tralle stated that he felt a 6500 square foot lot size and 60 feet wide was too small and would like to see the lot size increased to 7500 square feet with four density units per acre and setbacks of 30 feet for the front, 5 feet for the side and 10 feet for the rear, with the 5 foot sideyard setback being from garage to garage. Councilmember Kropuenske suggested changing the proposal to six density units per acre with a 7,000 square foot lot size. The City Administrator stated that there is only 1.5 acres of the R-2b zoned property left in the Ci ty of Elk River and suggested that the Council do nothing with the ordinance amendment and limit R-2b zoned property in the future. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-5, AN ORDINANCE AMENDING SECTION 900-18 SCHEDULE OF DIMENSIONAL REGULATIONS AS FOLLOWS: THAT THE REQUIREMENTS FOR R-2b SINGLE FAMILY LOTS BE ALLOWED 60 FEET OF FRONTAGE, 7,000 SQUARE FEET IN SIZE, WITH SETBACKS OF 30 FEET FOR THE FRONT, 8 FEET FOR THE SIDEYARD, 10 FEET REARYARD, WITH SIX DENSITY UNITS PER ACRE. e COUNCILMEMBER DOBEL SECONDED THE MOTION. Councilmember Schuldt stated that he felt the lot size was too small. THE MOTION CARRIED 4-1. Councilmember Schuldt opposed. Gary Santwire stated that the applicants are willing to withdraw Item #5.7 Preliminary Plat Auburn Commons 10 Townhouse Lots/P.H. 5.6 Preliminary Plat Review for the Plat of Auburn Commons R.E.P.. Ltd./P.H. The Building and Zoning Administrator stated that R.E.P., Ltd. is requesting preliminary plat review of Auburn Commons. He stated that the plat contains seven single family lots and also ten lots to accommodate five zero lot lined duplexes. Gary Santwire, representing the applicants, requested that the Council consider the preliminary plat containing the seven single family lots and further requested that the preliminary plat be approved contingent upon the applicants meeting the 7,000 square foot lot size on lots 5, 6, and 7, and further contingent upon final approval of the City Engineer regarding drainage, sewer, and water to all the sites. e Tim Keane, City Attorney, stated that the City has not received any sewer or water plans, no grading plans or drainage plans from the applicant and further indicated that is customary for the Planning Commission to review these details prior to Council approval. City Council Minutes April 16, 1990 Page 6 e Gary Santwire stated that there would not be a significant amount of engineering in making the plat comply to the sewer, water, and drainage for the area. The Building and Zoning Administrator stated that sewer and water is not a critical issue to this plat; however, a grading plan is a significant engineering item. Mayor Tralle opened the public hearing. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING FOR THE PRELIMINARY PLAT REVIEW OF AUBURN COMMONS TO THE APRIL 30, 1990, CITY COUNCIL MEETING AT WHICH TIME THE APPLICANT WILL HAVE THE REVISED SITE PLAN DRAWINGS ALONG WITH GRADING AND DRAINAGE PLANS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council discussed whether this plat should go back to the Planning Commission prior to the City Council hearing the request due to the changes in the site plan and the grading and drainage plan not being submitted. COUNCILMEMBER SCHULDT MOVED THAT THE PLAN GO BACK TO THE PLANNING COMMISSION DUE TO THE CHANGES IN THE ORDINANCE. MAYOR TRALLE SECONDED THE MOTION. e Councilmember Holmgren stated that bringing the preliminary plat back to the Planning Commission will not change anything. He stated that the issue is a relatively simple drainage and lot size problem and did not feel it was necessary for the plat to be brought back to the Planning Commission. THE MOTION FAILED 1-4. Mayor Tralle, Councilmembers Kropuenske, Dobel and Holmgren voted against the motion. 5.7 Preliminary Plat Auburn Commons Ten Townhouse Lots R.E.P.. Ltd./P.H. It was indicated by Gary Santwire, representing the petitioners, that this item would be withdrawn. 5.8 Zone Chan~e Request R-3 to C-3 Multiple Petitioners/P.H. Mayor Tralle stated that property owners of an entire block located north of Highway 10 and east of Proctor Avenue south of the railroad tracks have entered into a petition for a zone change from R-3 to C-3. The Building and Zoning Administrator stated that there are seven separate property owners in the affected area. He further indicated that the petitioners have stated that they feel that the area is inconsistent with the comprehensive plan and further they feel that the plan is in error. Steve Rohlf indicated that the staff has concerns regarding traffic with 6th Street being too close to Highway 10 and with e undersized lots and storm drainage. City Council Minutes April 16, 1990 Page 7 e Mary Eberley, Planning Commission representative, stated that the Planning Commission voted to recommend denial of the zone change request. She indicated that the Planning Commission felt that because of the location they would like to see the entire area looked at, not just one particular piece, and that one way to do this would be a PUD. Mayor Tralle opened the public hearing. Barbara Maracle of 1234 6th Street stated that she would hate to see the area go commercial where anything could go in the area and further stated a commercial zone would negatively affect her property. She stated she would prefer the Council consider the entire two block area which would include her block. She stated that there are very few houses left in that area and that with the one block going commercial the values on the remaining homes would decrease. Dick Enstad, representing Barthel Construction, stated his concern regarding putting the property into a planned unit development. He stated that one of the problems with a PUD project is that the land must have common ownership. He stated that Parcels C, D and E have common owners and are one acre in size; however, the remaining property has different owners, therefore, they would not be in a position to make the property a PUD. Mr. Enstad indicated that the plans for the property would not create any more traffic in the area. e Ken Beaudry, on behalf of Barthel Construction, stated that he would like to see something happen on the west end of town commercially. He stated that if the corner lot goes commercial it will bring other businesses to the area and he did not feel that a PUD would work. Dick Enstad of Barthel Construction indicated that Barthel would be willing to address the drainage and would be willing to give up property to widen the road. Councilmember Schuldt stated that he would not approve a site plan that does not address the crossing of 6th Street, sidewalks for pedestrians and drainage. However, he is in favor of rezoning the property to commercial. Councilmember Kropuenske stated that he agreed a PUD would be the best way to zone this particular piece of property but Bill Weber, the City's planner, recommended that it should be zone changed from R-3 to C-3. Councilmember Kropuenske further stated that if one business is approved other requests will follow and also that he would be willing to rezone the area to C-3 as long as site plans for new businesses would address the other concerns regarding traffic, drainage, etc. e Mayor Tralle stated that the assessment cost for changing the traffic pattern, storm sewer, and drainage would be borne by the developer. Mr. Enstad responded by saying that he was under the impression that the storm sewer would be installed regardless if the property was sold. Steve Rohlf, Building and Zoning Administrator, indicated that the City has been working with the County regarding the drainage along Proctor and the railroad tracks because Proctor is a County road. Councilmember Holmgren stated that the highest and best use for this City Council Minutes April 16, 1990 Page 8 e area is commercial, which was also indicated by the City's Planning Consultant, and further that seven owners agree with this request. Councilmember Holmgren indicated that because of this he would be voting in favor of the zone change to C-3. Mayor Tralle stated that it would be poor planning to develop the property in a piecemeal fashion. He stated that the Council should look at what is best for the City and what is the most logical way to develop. He stated that he would not like to see the prime piece of property taken out and the rest of the property left to be developed at a later date and that he would prefer to see the project take longer and have the City come up with a better design and possibly go with a PUD. Theresa Alverue of 616 Proctor stated that she felt if the whole area did not develop at one time the development would not be a good idea. The Building and Zoning Administrator indicated that traffic and drainage of the area are very critical issues. Mr. Enstad indicated that according to the Building and Zoning Administrator, the building department would have the authority to deny building permits if al tering the drainage or flow of surface water to nearby streets or premises would cause damage. e There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-6, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM R-3 TO C-3. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Tralle opposed. The Elk River City Council recessed from 9:10 p.m to 9:20 p.m. 5.9 Easement Vacation Barthel Construction/P.H. Mayor Tralle indicated that Barthel Construction has withdrawn this request. 5.11 Interpretation Alterations to Landscapin~ Elk River Ford The Building and Zoning Administrator stated that Mr. Scott Powell is the new ownber of Country Chrysler and is proposing changes to the landscaping on the site. The Building and Zoning Administrator questioned whether the Council felt that changes to the landscaping would necessitate a review of the conditional use permit. He further indicated that the Planning Commission unanimously agreed that the changes to the landscaping would not necessitate a review of the conditional use permit because it does not intensify the use. e COUNCILMEMBER SCHULDT MOVED THAT THE LANDSCAPING ALTERATIONS WOULD NOT REQUIRE A CONDITIONAL USE PERMIT REVIEW FOR ELK RIVER COUNTRY CHRYSLER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 16, 1990 Page 9 e 5.12 Interpretation Joe Barsody Building and Zoning Administrator, Stephen Rohlf, indicated that Mr. Joe Barsody is requesting an interpretation as to whether his property on 503 Jackson lies within a C-1 or C-2 commercial zone. Mr. Rohlf located the property on the zoning map and informed the Council that Mr. Barsody's property is covered by the line drawn on the zoning map spli tting C-1 and C-2 property. He further stated that the Planning Commission unanimously agreed that the property falls within a C-2 zone. COUNCILMEMBER KROPUENSKE MOVED TO CONCUR WITH THE PLANNING COMMISSION THAT MR. BARSODY'S PROPERTY LOCATED AT 503 JACKSON AVENUE FALLS WITHIN A C-2 ZONE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.13 Conditional Use Permit Mark Martin/P.H./CU-90-006 Mayor Tralle informed the Council that Mr. Mark Martin of 11063 205th Avenue NW is proposing to build a 4,000 square foot barn/riding stable to accommodate up to four horses. He indicated that the property lies within an A-1 zone and agricultural uses on lots under 10 acres require a conditional use permit. Al Nadeau, Planning Commission representative, indicated that the Planning Commission unanimously recommended approval of the request with seven stipulations. e Mayor Tralle opened the public hearing. Mark Martin of 11063 205th Avenue NW, stated that the zoning on his property has changed since he purchased the property which is the reason he is requesting a conditional use permit. He stated that the neighborhood is suited for this type of building and agricultural use and further that he spoke to each of the neighbors and none of them were opposed to his request. He stated that he has no intention of boarding horses or storing any type of material for profit. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY MARK MARTIN FOR AN AGRICULTURAL USE TO CONSTRUCT A 4,000 SQUARE FOOT BARN WHICH WOULD ACCOMMODATE UP TO FOUR HORSES WITH THE FOLLOWING STIPULATIONS: 1. That Mr. Martin's building is of the design and colors as proposed in his application. 2. That proper fencing be maintained to assure containment of his horses. 3. That Mr. Martin must keep this use clean to avoid odor and dust and further, that if this condition is not met it could result in revocation of this permit. e 4. That all setback requirements for fencing and building be met. City Council Minutes April 16, 1990 Page 10 e 5. That this conditional use permit is reviewed in two years. 6. That the size of the building be limited to 4,000 square feet and is only for agricultural purposes. 7. That no more than four horses be allowed on this property. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.14 Variance/Si~na~e for Darkenwald Family Partnershio/P.H. Mayor Tralle stated that Darkenwald Family Partnership is requesting a variance for an 86 foot increase on the maximum size of a freestanding sign and a 21 foot increase on the maximum height allowed in a C-3 zone. The Building and Zoning Administrator noted that the sign requested would be to advertise Burger Time restaurant and would be 150 feet in total size and 35 feet high. Mary Eberley, Planning Commission representative, stated that the Planning Commission reviewed the request and measured the request against the five standards required for granting a variance and found that the only hardship was economic in nature. Mayor Tralle opened the public hearing. e John Darkenwald stated that they purchased the property 31/2 years ago and felt that they have a very good business in there and that they are an asset to the City of Elk River. He indicated that after they purchased the property, the sign ordinance was changed and, therefore, the total signage allowed was reduced. He indicated that the size of the sign would be very important to the operation of their business. There being no further comments from the public, Mayor Tralle closed the public hearing. Councilmember Schuldt stated that this request was similar to the Americinn request for a sign variance which was denied. He indicated that because of this he would not be in favor of granting a variance. Councilmember Kropuenske stated that he would rather see this item tabled until after the Council considers the sign ordinance amendment. COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE VARIANCE REQUEST BY DARKENWALD FAMILY PARTNERSHIP UNTIL APRIL 23, 1990. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.15 Administrative Subdivision City of Elk River/P.H. e Steve Rohlf, Building and Zoning Administrator, stated that the City is proposing to subdivide three lots from Outlot A, Schoolview 1st Addition, to accommodate three single family homes. 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 16, 1990 Page 11 e COUNCILMEMBER KROPUENSKE MOVED SUBDIVISION REQUEST BY THE CITY OF THREE LOTS LOCATED ON OUTLOT A, FOLLOWING STIPULATIONS: TO APPROVE THE ADMINISTRATIVE ELK RIVER TO SUBDIVIDE ONE LOT INTO SCHOOLVIEW 1ST ADDITION WITH THE 1. That the City pay $1,050 to the park dedication fee fund for the three newly created building sites. 2. That additional soil borings as required by the Building Inspector be the responsibility of whoever builds on the lot. 3. That a 10 foot wide (5 feet on each side of the lot line) utility and drainage easement is dedicated to the City on the lot lines between Lots 1 and 2 and also between Lots 2 and 3. Further, that a 12 foot wide drainage, utility and egress easement is dedicated on the west side of Lot 1. 4. That a minimum elevation is established by Terry Maurer for the lowest floor of the dwellings to be built on these lots. 5. That the City provide sewer and water stub-ins for the three lots. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e It was the consensus of the Council to advertise the three lots for sale. 6.1 FHA Resolution COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-13, A RESOLUTION REQUESTING THAT SHERBURNE COUNTY BE GRANTED FHA LOAN LIMITS WHICH ARE EQUAL TO THE LEVEL OFFERED IN THE MINNEAPOLIS AND ST. PAUL METROPOLITAN AREAS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2 Resolution Approvin~ Sale and Transfer of Ownership of Cable TV System COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-14, A RESOLUTION APPROVING THE SALE AND TRANSFER OF OWNERSHIP IN A CABLE SYSTEM AND TRANSFER OF THE CABLE FRANCHISE OF JONES INTERCABLE INCORPORATED TO FBN CABLE TELEVISION OF MINNESOTA LIMITED PARTNERSHIP. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Tralle questioned the requirements of the Cable service TV area. 6.3 Resolution Amendin~ the Cable TV Commission's Joint A~reement e COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-15, A RESOLUTION AMENDING ARTICLE 6, SECTION 8, OF THE SHERBURNE/WRIGHT COUNTY CABLE COMMUNICATIONS COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 16, 1990 Page 12 e 6.4 Marketech Resolution Mayor Tralle stated that Marketech Company is requesting a resolution supporting their company and expansion in the City and that the resolution is a requirement of the Central Minnesota Initiative Fund. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 90-16, A RESOLUTION SHOWING THE CITY'S SUPPORT OF MARKETECH. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Kropuenske abstained. Councilmember Kropuenske indicated that he was the loan officer directly involved with the company. 6.5 Call Soecial Meetin~ on 4/30/90 COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON 4/30/90 AT 6:00 P.M. TO BE HELD AT CITY HALL FOR THE PURPOSE OF A SPECIAL MEETING WITH THE GARBAGE HAULERS AND AT APPROXIMATELY 7:00 P.M WITH THE PARK AND RECREATION COMMISSION TO REVIEW THE PARKS MASTER PLAN. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Re~ister e COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1 Councilmember Dobel Councilmember Dobel stated that there are long range proposed changes to Anoka trunk highway County Road 22. He stated that the changes proposed would designate this road as a State trunk highway system and that it will run through Elk River. He indicated that it was necessary for the City to request a meeting to find out exactly what the plans are with this road coming into the City. 9.1 No Parkin~ Si~ns The City Administrator stated that the Police Chief had submitted a memo requesting no parking signs on both sides of Orono Road from Highway 10 easterly to the the Lake Orono II Addition and also on the west side of Gary Street from Orono Road to the south fence line of the Gary Street Apartments in order to alleviate parking problems in the Lake Orono area. COUNCILMEMBER DOBEL MOVED TO AUTHORIZE THE PLACEMENT OF NO PARKING SIGNS AS INDICATED IN THE POLICE CHIEF'S MEMO DATED APRIL 12, 1990. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. e The City Council directed the City Administrator to draft a letter to MnDOT for the placement of no parking signs on Highway 10 from the Orono Bridge west to a point 100 feet west of Gary Street. The City Administrator updated the Council on several items including the Parks Master Plan, a meeting with MnDOT regarding the railroad City Council Minutes April 16, 1990 Page 13 e crossing, Parcel B, the offer the City has made for the Jenne property and the City Clerk receiving certification for her position. The City Administrator informed the Council that the Wastewater Treatment Plant Operator would be advertising for a position in the plant. He stated that this was budgeted for in the 1990 Budget. It was the consensus of the Council to authorize the Wastewater Treatment Plant Operator to proceed with the advertising for the position. The City Administrator informed the Council that the City has attempted to enter into a settlement agreement with John MacGibbon regarding the sidewalk; however, Mr. MacGibbon has revised the settlement agreement to include that the City repair and restore damage to his lawn, in addition to paying him $1,000 and also that the agreement restricts future City work in the right-of-way. It was indicated by the City's Attorney that this was unacceptable and beyond the terms of the settlement agreement. COUNCILMEMBER HOLMGREN MOVED TO INSTRUCT STAFF TO SEND A LETTER VIA CERTIFIED MAIL INDICATING TO MR. MACGIBBON THAT THE ORIGINAL OFFER IS STILL AVAILABLE FOR FIVE DAYS ONLY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e The City Administrator updated the Council on Police Department activities over the weekend and stressed the need for additional officers in the department. He indicated that during NSP and UPA' s renewal for their conditional use permits and licenses the City is requesting approximately $25,000 for police time to enforce laws regulating the garbage trucks for the litter they are spilling on the City's highways and roads. He stated that this would provide the City with half the money for an additional officer. The City Administrator indicated that City Administration staff is requesting the purchase of a TV and VCR for work in recycling, planning, and economic development areas. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO PURCHASE A PORTABLE TV/VCR WITH LANDFILL MONEY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 11:00 p.m. Respectfully submitted, e t , \--11 .11, ~h.k\L~1 'J1t{~M,(:L.,'}J..j.) Sandy Thar6keray ( l. City Clerk