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07-30-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 30, 1990 Members Present: Mayor Tralle, Councilmembers Schuldt, Holmgren, Kropuenske and Dobel Members Absent: None Staff Present: Pat Klaers, City Administrator; Janelle Szklarski, Zoning Assistant; Gary Schmitz, Recycling Coordinator; Sandy Thackeray, City Clerk Planning Commission Representative Present: Al Nadeau 1. Q.l'!lL~~~liruLt~QiQQr Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. 2. Q_on~igQL7fl_~g_Cit.Y___QQJLn_ci_LA~eng~ Item 7.2, Councilmember Schuldt, was added to the agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE AGENDA AS AMENDED. THE MOTION CARRIED 5-0. 3.1 Qonsider 7 J..1QljHl.~1t.LgQJl.ncil-1fjn!Jtes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 7/16/90 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. 2 gQlt~ideLW.3L90_Ci ty~ouncil Minutes Councilmember Dobel requested to add the following under 4.5, at the end of the third paragraph; "thus not costing the taxpayers any money." COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 7/23/90 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Qp~ILftHk~ Tim Bakowski, representing St. Andrew's Church, approached the Council and requested permission to display some signs advertising the Parish Festi val. Mayor Tralle explained that there is currently a moratorium on billboards: however, the moratorium will be lifted very shortly as the billboard ordinance is near completion. Discussion was held by the Council regarding whether or not temporary signs for nonprofit organizations are allowed in the City sign ordinance. It was the consensus of the Council to have the Planning Commission and staff review this matter. City Council Minutes July 30, 1990 Page 2 e It was also the consensus of the Council that it would be permissible for St. Andrew's to display their signs within the City of Elk River to advertise the festival. Janelle Szklarski, Zoning Assistant, stated that the Janie Fricke sign, which has been displayed on the property next to Beaudry Oil, does comply with the new sign ordinance. It was the consensus of the Council to allow this temporary sign to remain. 5. PlaDJ}Jn!LQommi~J;;J.OILlntery.iew~ The following applicants were interviewed for the position of Planning .Commission member: Rob VanValkenburg Allan Kremer Robert Bischoff e The interviews were held between 7:00 and 8:30 p.m. After the interviews, the Council discussed the three applicants. It was Council consensus that Rob VanValkenburg would offer much to the Planning Commission in the area of development review because of the fact that he has seen the Planning Commission process from the other side of the table. It was also the consensus of the Council that Robert Bischoff would be able to offer the Planning Commission commitment. It was indicated that he was persistent and enthusiastic regarding the Planning Commission role and that he had attended numerous Planning Commission meetings. It was the consensus of the Council that Allan Kremer's education and experience as a civil engineer could be an asset to the Planning Commission, but could also be a deterrent as he may not be as objective to certain items due to his experience and knowledge in this area. Mr. Kremer's credentials and role that he has taken in the Community Task Force were commended by the Council; however, it was felt that the two top candidates were Rob VanValkenburg and Robert Bischoff. The Council also discussed the fact that both Allan Kremer and Rob VanValkenburg were from Ward 2 and that there presently is a representative on the Commission from Ward 2. COUNCILMEMBER DOBEL MOVED TO APPOINT ROB VANVALKENBURG TO THE PLANNING COMMISSION WITH HIS TERM TO EXPIRE 12/31/92, AND ALSO TO APPOINT ROBERT BISCHOFF TO THE PLANNING COMMISSION WITH HIS TERM TO EXPIRE 12/31/91. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. 6.1 QXgj}!!!nQEL_AI!l~Qment__ to _.Ameml._a~~J;jQIL_~QP.!_311___T.ltl~g_'~I:t~g!tl~ttlQ..J)lL.P.D. ~Q.r_E!~!llngL1.!g.l.Lt i nItLSJ;Q.~l~!L!!n.-d.__Q!!t.d.oo LJ)!~pJJ1y~l.P..!.H.!_ e Gary Schmitz, Recycling Coordinator, stated that the purpose of the proposed ordinance amendment to Section 900.30 is to allow the City staff to enforce landscaping within a timeframe. He stated that the current ordinance has no timeframe. City Council Minutes July 30t 1990 Page 3 e Councilmember Schuldt questioned whether the developer would be responsible in a years time for the landscaping if the land were sold and the landscaping put in by the homeowner was washed away or eroded. Gary Schmitz indicated that one year would be enough time to stabilize the soil and that it is usually the responsibility of the homeowner once the property is sold. Councilmember Holmgren questioned how this ordinance would affect the motel property and the future expansion site. Gary Schmitz indicated that once the ground is disturbedt something must be done to cover the ground. He further,indicated that the motel site would be exempt under this ordinance as it was started prior to the ordinance being amended. Al Nadeaut Planning Commission representativet stated that the Planning Commission had reviewed the matter and had made a few changes to the proposed ordinance. He indicated that one of the changes involved gi ving credit for existing trees and the preservation of large trees. He further indicated that the Planning Commission recommended approval of the ordinance amendment with a 4-0 vote. e Councilmember Kropuenske questioned whether the ordinance would be enforced for residential property after the first year. He indicated that if it is not enforcedt he does not feel that the ordinance would protect the appearance of the neighborhoods. Gary Schmitz, Recycling Coordinatort stated that the ordinance would not be able to be enforced after one year for residential property, and further indicated that this type of complaint would be covered under noxious weeds or nuisance. Al Nadeau indicated that the intent of the ordinance amendment was not to produce neatly manicured lawns. Mayor Tralle opened the public hearing. Robert Bischoff questioned whether there was a stipulation for ground coverage on ten acre lots. Gary Schmitz indicated that only the area that has been disturbed would have to be covered. There being no further commentst Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-22t AN ORDINANCE AMENDMEN'l' TO AMEND SECTION 900.30 TITLED "REGULATIONS ON SCREENINGt LIGHTINGt STORAGE AND OUTDOOR DISPLAY". COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2 Qr.(ttn{iMJ:~_Am~!!gll!~1]L_t~_Am~pd ~eQ.tj&J! 900.18 Ti t1e~'.~Schedul~.---J2f .Qt!ll~D!? i 011~ L R~!l1~.tjJ2JH?'~._hy__t}le.gJ:tY _.9LJUk..1Uye r L"P.. H.!.. e Janelle Szklarski indicated that the Planning Commission was recommending an amendment to the schedule of dimensional regulations. She stated that the changes include the creation of an R-1d and and R-1e zone and that the creation of these two zones are a result of the focused area studies. She indicated that the purpose of the zones was to create larger lots for water and sewer district areas. Ms. Szklarski further stated that the intent of the ordinance was to reduce City Council Minutes July 30, 1990 Page 4 e the number of dwelling units per acre in multi-family zones in Elk River. Pat Klaers stated that the maximum density per acre in any residential zone of the City will be less than eleven units. He further indicated that at a previous Council meeting the Council amended the schedule of dimensional regulations to allow smaller lots within the R-2b zone and that this current proposed amendment would cancel the last amendment. Mayor Tralle opened the public hearing. Robert Bischoff questioned whether there were lot size requirements on PUD's. It was indicated that there were no lot size requirements in a PUD and lot size averaging may be considered. Councilmember Kropuenske pointed out a concern regarding chain link fences around swimming pools. He indicated that a child can climb a chain link fence. The Council discussed this matter and requested staff to research the types of fences around swimming pools. It was suggested that an opaque fence be provided. There being no further comments, Mayor Tralle closed the public hearing. e It was the consensus of the City Council to add the word opaque to Section 900.18-2(4) dealing with swimming pool fences. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-23, AN ORDINANCE AMENDMENT TO AMEND SECTION 900.18 TITLED "SCHEDULE OF DIMENSIONAL REGULATIONS" BY THE CITY OF ELK RIVER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3 Qr_dJ na,nce_ Am~n...Qm.~D~<L_.Q~J;l on_~j)J)--!.2..1_-'f.i t I e!L~~l!rk i IlJt..~..!LJ!.Q~il i ng R~K!!J11-ttQ.n!:!/P. H...!... Janelle Szklarski indicated that the proposed ordinance would affect the 1-1, 1-2 and C-3 zones and and residential zones. She indicated that the ordinance would require a 10' setback along the entire property line to keep commercial and industrial parking lots from flowing together and further that the ordinance would require setbacks for parking and loading areas in C-3, I -1 and 1-2 districts to be increased to 30' where they abut residential or agricultural property in order to create a buffer between the business park and residential property. Ms. Szklarski also indicated that the fence height for screening parking and loading berths from residential property was reduced from 8' to 6' and she further added that language was included to require the screening of trash receptacles to be of a sufficient size in order to accommodate recyclables. e Planning Commission Planning Commission with a 4-0 vote. representative, Al Nadeau, indicated that the recommended approval of the ordinance amendment Mayor Tralle opened the public hearing. There being no-one for or against the matter, Mayor Tralle closed the public hearing. City Council Minutes July 30, 1990 Page 5 e COUNCILMEMBER KROPUENSKE MOVED '1'0 ADOPT ORDINANCE 90-24, AN ORDINANCE AMENDING SECTION 900.24 TITLED "PARKING AND LOADING REGULATIONS" SUBDI V I S ION 4 YARDS, AND SUBD I V I S ION 11 ( d ) LANDSCAP I NG AND SCREEN I NG . COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1 ~omJllm}i ty C~nt~T..JLI!qJ.l.t~LCotlJl.ci 11!!~mb~LtIolm~_en Pat Klaers, City Administrator, distributed the July 23, 1990, Community Center Task Force minutes. Councilmember Holmgren indicated that Zack Johnson has presented the Task Force with initial cost estimates for the proposed community center. He stated that the initial cost totaled 7.5 million dollars. Councilmember Holmgren informed the Council that the Task Force would be reviewing the entire draft including Items 4, 5, and 6, which entail administration, rental space and day-care, of the preliminary program analysis from Zack Johnson at the 8/2/90 meeting. 7.2 Co!!..nc i 11!!~mbeT__S_(::J~llJQ.t. e Councilmember Schuldt indicated that he had a concern with door to door canvassers. He indicated that somebody from Co-Act had approached his house asking him to sign a petition and to donate money. The City Clerk indicated that door to door canvassers are not considered transient merchants and therefore are not required to get a license. She indicated that it is City policy to have door to door canvassers contact City Hall and leave the name and address of a contact person so that if complaints are made, the City can contact the group. Councilmember Schuldt questioned when the MacGibbon sidewalk on Main Street would be constructed. The City Administrator indicated that the Street Superintendent is ready to install the sidewalk some time in mid August. He indicated that construction would take approximately two weeks following the start of the project. 8. ~i tL1\dminis"trJ!1QJ~_Jm..Q.l!t..~ The City Administrator informed the Council that funding from the . Sherburne County Soil Conservation district was approved for rip-rap along the Mississippi riverbank. He indicated that a grant of $15,000 would be given to the City with the requirement that the City match the ~rant money. The City Administrator indicated that the City's garbage contract with East Tonka Sanitation expires on August 13, 1990. He indicated that last year was the first year the City contracted for garbage pick up wi thin the City for City property and informed the Council that staff would like to renew the contract with East Tonka at the same rate rather than going out for bids. It was the consensus of the Council to authorize City staff to renew the contract with East Tonka Sanitation for garbage pick up on City property. e The City Administrator informed the Council that Liesch and Associates will be sampling Councilmember Dobel' s farm. Councilmember Schuldt e e e City Council Minutes July 30, 1990 Page 6 suggested taking samples of the land surrounding the field in which the sludge was dumped so that comparisons could be made. 9. t\d.iournm_~_l!t There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:07 p.m. Respectfully submitted, Sandy Thackeray Ci ty Clerk.