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09-17-1990 CC MIN - e - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, SEPTEMBER 17, 1990 Members Present: Mayor Tralle, Councilmembers Holmgren, Dobel and Kropuenske Members Absent: Councilmember Schuldt Staff Present: Pat Klaers, City Administrator; Janelle Szklarski, Zoning Assistant; Sandy Thackeray, City Clerk; Tim Keane, City Attorney; Robert Bischoff, Planning Commission Representative; Peter Kimball, 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 9/17/90 City Council A~enda Items 6.2, Impound Fee Adjustment, and 6.3, Liquor Store Lighting Quotes, were added to the agenda. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/17/90 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 9/10/90 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/10/90 CITY COUNCIL MINUTES AS PRESENTED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Mayor Tralle signed a proclamation proclaiming September 20, 1990, as School Night for Scouting. 5.1 Administrative Subdivision David Gow/P.H. (Tabled) AS-90-006 Mayor Tralle stated that staff is recommending tabling this administrative subdivision until the applicant provides the City with the necessary information to process the request. COUNCILMEMBER DOBEL MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION REQUEST BY DAVID GOW. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes September 17, 1990 Page 2 e 5.2 Administrative Subdivision Cre~ Dance/P.H. (Tabled) AS-90-008 Mayor Tralle stated that staff is recommending that this item be tabled indefinitely until certain details can be taken care of. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION REQUEST BY CREG DANCE. COUNCILMEMBER OOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3 Amendments to Comnrehensive Plan by the City of Elk River/P.H. A. Master Park Plan Mr. Bill Sanders reviewed the Master Park and Recreation Plan with the Council and the public. He stated that according to the communi ty survey which was taken in Elk River, there was strong support for the development of a trail system, for the preservation of natural area, and for the development of neighborhood parks. As Mr. Sanders reviewed the comprehensive plan, he pointed out the existing parks in the City and also future parks which are under consideration in the comprehensive park plan. e Mike O'Brien, Representative Commission, stated that the unanimously recommends that the adopted by the City Council. of the Park and Recreation Park and Recreation Commission Master Park and Recreation Plan be Peter Kimball, Planning Commission Representative, stated that the Planning Commission held a public hearing for the Master Park and Recreation Plan. He stated that they heard many comments and concerns from the citizens regarding the plan which are reflected in the Planning Commission minutes. Mr. Kimball stated that the Planning Commission unanimously recommended approval of the Master Park and Recreation Plan. Mayor Tralle opened the public hearing. e Mark Maloney of 10213 209th Avenue stated that his property was part of the affected area of the proposed area-wide park in the northeast part of the City. He indicated that he owns 12 acres of land and lives on Eagle Lake. He stated that a majority of his land is DNR protected and that if the park proposal does go through, and the proposed park is put in, very little of his land would be left. He informed the Council that he bought the land with future plans in mind to build a horse barn but with the proposed park on the comprehensive plan he could not look into the future regarding his land. He shared his concern regarding crime rates in the parks. Mr. Maloney stated that his feelings are shared by the rest of the neighboring residents in the area. Cecelia Scheel, of 10271 213th Avenue N.W., stated that the land owners on Eagle Lake own the entire Eagle Lake according to the Department of Natural Resources. She stated that she had City Council Minutes September 17, 1990 Page 3 - contacted the Attorney General's office and was informed that if their property is condemned by the City, the owners do not have the first right of refusal. She stated that once the land is taken, the City is free to dispose of the land as it feels appropriate. Mr. Eugene Scheel, of 19271 213th Avenue, stated that he had moved into the area approximately 17 years ago. He informed the Council of his plans to build a new home on the northwest area of the proposed park and stated that if the proposed park remains in the comprehensive plan, he will not continue with his plans to build a new home in that area. Mr. Sanders stated that the intent of the park plan is to preserve the natural areas of the City. He further explained the procedure of the comprehensive plan and stated that once the City was ready to implement the plan and purchase some of the park land, all neighboring residents would be notified and meetings would be held between the City and the residents. e Mr. Scheel indicated that there was nothing in the plan which allows for maintenance cost and protection of the parks. He questioned if there would be enough funds to develop the park land once the City purchased the land. He stated that the plan does not address this issue. Pat Klaers, City Administrator, indicated that the City has grown 64% in population since 1980 and stated that the comprehensive plan is being put together in anticipation of future growth in the Ci ty and that the overall affect of the plan is to protect the community. Jeffrey Anthony, 10349 209th Avenue, questioned whether Mr. Sanders' firm was familiar with the City of Elk River and also questioned when the area residents should be concerned about the proposed parks. Mrs. Mary Christensen, 10137 209th Avenue stated that part of the park and trail would involve acquiring the creek which is on her property and that the creek is the most important part of the property. Mrs. Christensen stated that she felt the City has been deceitful and egotistical in their way of dealing with the proposed park plan. She stated that the park plan would destroy their way of life and also stated that she felt the citizens owning property which is involved in the proposed park plan, should have been notified personally regarding the comprehensive plan. e Councilmember Dobel stated that part of his land is also involved in the proposed park and trail plan. He indicated that the trail runs directly through his dairy barn. Councilmember Dobel informed the citizens that the lines on the map are not permanent and when the City is ready to implement part of the plan, the City Council Minutes September 17, 1990 Page 4 e citizens would be notified and more than likely the lines and park areas would be moved. Councilmember Holmgren indicated that the City Council does allow for citizen input and that tonight's meeting is a public hearing. He stated that the City is planning for growth in the future. Jeff Scheel indicated that once the comprehensive park plan is adopted, limitations would be placed on people who own the affected property. Councilmember Kropuenske indicated that the lines and the proposed park areas are not permanent and that they could very well change. He further stated that the Council had put numerous articles and public notices in the Star News in an attempt to inform the people. Councilmember Kropuenske also stated that he felt the park and recreation plan should be approved with the exclusion of Eagle Lake due to the amount of citizen concern. LeAnne Prehatney stated she was unaware that her property was directly involved in the Master Park Plan. She informed the Council that it would be more appropriate to inform the individual citizens regarding matters which affect their property. e Maria Moody stated she would like the Council to mail notices to the affected property owners. Richard Drieson, of 22347 Monroe Street, gave his support to the Council. He stated that the City must plan for the future development of land because the land will not be available in 20 years. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-44, A RESOLUTION ADOPTING A PARK PLAN AS AN ADDENDUM TO THE CITY OF ELK RIVER'S 1988 GROWTH MANAGEMENT PLAN WITH THE EAGLE LAKE AREAWIDE PARK IN THE NORTHEASTERN PART OF THE CITY TO BE EXCLUDED FROM THE PLAN AND SENT BACK TO THE PARK AND RECREATION COMMISSION FOR FURTHER CONSIDERATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Dobel indicated that because of the fact that the trails are not permanent, he would vote for the plan. Richard Anderson, of 21432 Jarvis Street, stated that he would like to propose some type of a horse Council to be involved in the park plan. e THE MOTION CARRIED 4-0. B. Pathway Plan The City Administrator indicated that a City pathway plan has previously been reviewed by the City Council. He stated that the City Council Minutes September 17, 1990 Page 5 e plan calls for a required pathway system and residential sidewalks. He explained that a pathway is a major people mover throughout the community. Mayor Tralle opened the public hearing. Marilyn VanPatten stated that she would like to see a pathway along Meadowvale Road. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-45, A RESOLUTION ADOPTING A PATHWAY PLAN AS AN ADDENDUM TO THE CITY OF ELK RIVER'S 1988 GROWTH MANAGEMENT PLAN. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Planning Commission Representative, Peter Kimball, indicated that the Planning Commission unanimously recommended approval of the pathway plan. C. Text for Focus Area Studies Planning Commission Representative, Peter Kimball, stated that the Planning Commission unanimously recommended to adopt the text of the focus area studies. e Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-46, A RESOLUTION ADOPTING THE TEXT FOR THE FOCUS AREA STUDIES BY BRW DATED JULY, 1990, AS AN ADDENDUM TO THE CITY OF ELK RIVER'S GROWTH MANAGEMENT PLAN DATED AUGUST 22, 1988. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Holmgren indicated that he does not agree with every conclusion stated in the study. It is considered a plan and guideline, and as the City develops, guidelines will change to coincide with the economics of the times. Dave Anderson stated that he would like the Council to consider maintaining the present locations of the Sherburne County fairgrounds and Elk River softball complex. He stated that it does not seem economically feasible to move the ballfields and zone the area single family. He stated that he has a petition containing over 600 signatures requesting that the proposed rezoning of Area A in the western part of the City be modified before final adoption to include zoning of the fairgrounds as public and the softball complex as park. - Mayor Tralle stated that there are complications with the zoning of these areas as parks and public land, as this would affect the property owners use of the land. Mayor Tralle assured Mr. Anderson that the City has no intention of moving the park or the e e e City Council Minutes September 17, 1990 Page 6 fairgrounds unless they are requested to do so by the Softball Association or the County. Mayor Tralle accepted the petition from Dave Anderson. MOTION CARRIED 4-0. D. Mission Statement COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-47, RESOLUTION ADOPTING A MISSION STATEMENT AS AN ADDENDUM TO THE CITY OF ELK RIVERS 1988 GROWTH MANAGEMENT PLAN. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Ordinance Amendment Chan~e to Zonin~ and Land Use Maps by the City of Elk River/P.H. Zoning Assistant, Janelle Szklarski, reviewed the proposed amendments to the land use and zoning maps in the four areas. Mayor Tralle opened the public hearing. AREA A Planning Commission Representative Kimball indicated that the entire concept of the land use and zoning changes received the consensus of the Planning Commission. Bruce Legare, of 14220 182nd Avenue, questioned whether the proposed school was still being planned in the western area of the City. Mayor Tralle stated that the plan still calls for the school, however, if the school does not develop in that area, the area will develop as single family residential. Mr. Legare further questioned the light industrial area proposed for south of Highway 10. Stuart Wilson, of 17975 Troy Street, stated that he was the owner of the land south of Highway 10. He indicated that it was his understanding that the land would be zoned business park. Mayor Tralle stated that this property was proposed to be zoned PUD, which would allow for both control and flexibility in the development of this property. City Attorney, Tim Keane, read a portion of the focus area studies on page 38. The text stated that a new zone would be created for this area which would be called business park. The City Attorney suggested the Council direct staff to create a new zone for the area. Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-35. AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO REZONE CERTAIN PROPERTIES IN AREA A OF THE FOCUS AREA STUDIES WITH THE STIPULATION THAT PROPERTY SOUTH OF HIGHWAY 10 BE REZONED TO BUSINESS PARK AND THAT City Council Minutes September 17, 1990 Page 7 e THIS ZONING DESIGNATION BE REFERRED BACK TO THE PLANNING COMMISSION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE LAND USE AMENDMENTS IN AREA A. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. AREA B Mayor Tralle opened the public hearing. There being no one for or against the matter. Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE LAND USE MAP TO REFLECT THE ZONE CHANGES IN AREA B OF THE FOCUS AREA STUDIES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-36, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE CERTAIN PROPERTIES IN AREA B OF THE FOCUS AREA STUDIES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. AREA C Mayor Tralle opened the public hearing. e Earl Hohlen, owner of the trailer park on Highway 169 stated that he would like to see the land, east of his trailer park zoned R-3. Planning Commission Representative Kimball stated that the Planning Commission had reached a general consensus of the area and felt the area should be zoned R-2b. Pat Klaers, City Administrator, stated that the proposal submitted from Mr. Weber of BRW had indicated multiple family in that area. He stated that the multiple family land use designation would allow Mr. Hohlen the opportunity to move his trailer court to that area, however, Mr. Hohlen ~ould have to take the proper steps for a zone change by going through City staff. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE LAND USE MAP FOR AREA C TO REFLECT THE ZONE CHANGES MADE IN AREA C OF THE FOCUS AREA STUDIES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-37, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO REZONE CERTAIN PROPERTY IN AREA C OF THE FOCUS AREA STUDIES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. e AREA D Mayor Tralle opened the public hearing. There being no one for or against the public hearing, Mayor Tralle closed the public hearing. City Council Minutes September 17, 1990 Page 8 e Planning Commission Representative Kimball indicated that it was the consensus of the Planning Commission to approved the recommended zone changes for Area D. COUNCI LMEMBER HOLMGREN MOVED TO AMEND THE LAND USE MAP TO REFLECT THE CHANGES MADE IN THE ZONING MAP FOR AREA D OF THE FOCUS AREA STUDIES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-38, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO REZONE CERTAIN PROPERTY IN AREA D OF THE FOCUS AREA STUDIES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Zoning Assistant, Janelle Szklarski, stated that at a previous Council meeting, the corner of Proctor and Highway 10 had been rezoned, however, the land use map was never changed to reflect the zoning. She requested Council consideration of the land use map at this meeting. COUNCILMEMBER DOBEL MOVED TO AMEND THE LAND USE MAP FROM HR TO HB ON THE CORNER OF HIGHWAY 10 AND PROCTOR AVENUE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Conditional Use Permit by Paul Ouelette. Gemini Communications/P.H. CU-90-016 e Mayor Tralle stated that Mr. Ouelette, of 19741 Ulysses Street N.W., is requesting a conditional use permit to operate a home occupation from his garage. He stated that the home occupation would consist of a telephone answering service. Planning Commission Representative Robert Bischoff stated that the Planning Commission recommended approval with six conditions. Mayor Tralle opened the public hearing. Mr. Ouelette requested to change condition #5 regarding the hours set by the Planning Commission. He requested that the hours be changed from 7:30 a.m. and 8:00 p.m. to 7:30 a.m. and 10:00 p.m. It was the consensus of the Council to change the closing hour to 10:00 p.m. due to the limited number of people operating the business from the garage. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A CONDITIONAL USE PERMIT BY PAUL OUELETTE FOR GEMINI COMMUNICATIONS WHICH IS A HOME OCCUPATION TELEPHONE ANSWERING SERVICE WITH THE FOLLOWING STIPULATIONS: 1. THE GARAGE SHALL MAINTAIN ONE PARKING STALL FOR THE SOLE USE OF A VEHI CLE . e 2. THAT ALL MATERIALS AND EQUIPMENT ASSOCIATED WITH THE BUSINESS BE KEPT WITHIN THE CONFINES OF THE HOUSE AND/OR GARAGE. 3. THAT THE APPLICANT IS PERMITTED ONE SIGN NOT TO EXCEED TWO SQUARE FEET IN AREA AND SHALL BE MOUNTED FLAT ON THE OUTSIDE OF THE WALL. City Council Minutes September 17, 1990 Page 9 e 4. THAT THIS CONDITIONAL USE PERMIT BE LIMITED TO ONE YEAR FOLLOWING APPROVAL. 5. THAT THE HOURS OF OPERATION BE ALLOWED TO CONTINUE AT 24 HOURS A DAY, BUT THAT NONRESIDENT EMPLOYEES BE RESTRICTED TO HOURS THAT ARE BETWEEN 7:30 A.M. AND 10:00 P.M. 6. THAT ANY STRUCTURAL ALTERATIONS TO THE HOUSE OR GARAGE TO ACCOMMODATE THE BUSINESS, SHALL REQUIRE A BUILDING PERMIT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Conditional Use Permit for a Temporary Trailer by Richard Vadey /P. H. QU-90-015 Janelle Szklarski, Zoning Assistant, stated that Richard Vagley is requesting a conditional use permit for a temporary trailer to be used as a residential dwelling at 13273 1921/2 Avenue. Planning Commission Representative Robert Bischoff stated that the Planning Commission unanimously recommended approval of the conditional use permit. 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 APPROVE REQUESTED BY RICHARD VAGLEY TO ALLOW RESIDENTIAL DWELLING AT 13273 1921/2 CONDITIONS: THE CONDITIONAL USE PERMIT A TEMPORARY TRAILER AS A AVENUE WITH THE FOLLOWING 1. THAT THE CONDITIONAL USE PERMIT SHALL BE VALID FOR SIX MONTHS FOLLOWING APPROVAL. 2. THAT THE TEMPORARY TRAILER SHALL BE HOOKED UP TO THE ON SITE SEPTIC SYSTEM, BUT MUST BE DISCONNECTED AT THE END OF THE SIX MONTH PERIOD. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Variance Request by Sprin~er Construction/P.H. V-90-007 e Zoning Assistant, Janelle Szklarski stated that Springer Construction is requesting a variance for the house located on Lot 7, Block 3, Countryside acres. She stated that the existing house encroaches on the side yard setback by 11 feet and that the situation was created due to an error in locating the property pins at the time the house was constructed. Planning Commission representative, Robert Bischoff, indicated that the Planning Commission recommended approval based on the findings of fact as stated in the Building and Zoning Administrator's memo to the Planning Commission dated August 20, 1990. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE VARIANCE REQUEST BY SPRINGER CONSTRUCTION FOR AN 11 FOOT SIDE YARD SETBACK WITH THE STIPULATION THAT NO STRUCTURES BE CONSTRUCTED ON THE SOUTH SIDE OF THE City Council Minutes September 17, 1990 Page 10 e HOUSE. COUNCILMEMBERHOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.B. Conditional Use Permit Remodelinl! Elk River Country Club/P.H. CU-90-017 Mayor Tralle stated that the Elk River Country Club is requesting a condi tional use permit to add a two story clubhouse and remodel the existing Pro Shop. Planning Commission representative Robert Bischoff stated that the Planning Commission reviewed the request against the seven standards required for a conditional use permit and felt that the requests met all seven standards. He stated that the Planning Commission recommended approval of the conditional use permit with nine conditions. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. e The City Administrator explained that the City is working with the Country Club to acquire an easement to the City's Woodland Trails Park. He explained that the City and the Country Club have come to an agreement regarding the easement. He stated that the City will purchase half of the Class V for the driveway and donate the equipment and labor in exchange for the easement to the park. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY ELK RIVER COUNTRY CLUB TO ADD A TWO STORY CLUBHOUSE AND REMODEL THE EXISTING PRO SHOP WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PARKING LOT BE HARDSURFACED AND STRIPED AS PER CITY CODE. 2. THAT THE PROPOSED SEPTIC SYSTEM IS OF THE CORRECT CAPACITY FOR THE SIZE AND USE OF THE BUILDING. 3. THAT NO CONSTRUCTION ACTIVITY TAKES PLACE IN THE NEW SEPTIC SYSTEM AREA AND THAT A SOIL TEST IS TAKEN FROM THIS NEW AREA. 4. THAT ANY NEW SIGNAGE FOR THE PROPOSED SITE BE ACCORDING TO CITY CODE. 5. THAT THE DRAINAGE OF THIS SITE BE ACCOMPLISHED AS PER THE ATTACHED SITE PLAN. 6. THAT ALL EXPOSED GROUND AREAS BE STABILIZED WITH SOME SORT OF GROUND COVER TO RESIST EROSION WITHIN A YEAR OF THE ISSUANCE OF A BUILDING PERMIT. 7. THAT THE PARKING LOT BE LIT AS PER CITY CODE. e B. THAT THE PARKING STALLS ON THE CURB AT THE SOUTH END OF THE LOT BE OVERSIZED TO COMPENSATE FOR THE SKEWED ANGLES. e e e City Council Minutes September 17, 1990 Page 11 9. THAT THIS CONDITIONAL USE PERMIT SHALL BE SUBJECT TO A TWO YEAR REVIEW. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.9. Site Plan Review by Pamida Zoning Assistant, Janelle Szklarski, indicated that Pamida is requesting a site plan review to allow the expansion of a concrete slab to accommodate a greenhouse. Planning Commission Representative Robert Bischoff indicated that the Planning Commission recommended approval of the site plan. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SITE PLAN BY PAMIDA WHICH WOULD ALLOW THE EXPANSION OF A CONCRETE SLAB TO ACCOMMODATE A GREENHOUSE WITH THE FOLLOWING STIPULATIONS: 1. THAT PAMIDA OBTAIN BUILDING PERMITS FROM THE CITY EACH TIME THE GREENHOUSE IS TO BE ERECTED. 2. THAT THE GATES ON THE FENCE ARE TO REMAIN OPEN DURING BUSINESS HOURS. 3. THAT THE GREENHOUSE IS TO KEEP THE SAME HOURS AS THE STORE. COUNCILMEMBER DOBEL SECONDED THE MOTION. Mayor Tralle directed staff to review the location of the greenhouses which are erected by other businesses in the City. He indicated that he had a concern regarding the location of the greenhouses in regard to handicapped parking spots. He stated that in some cases, the handicapped parking spots are either moved back or covered up by the greenhouses. THE MOTION CARRIED 4-0. 5.10 Extension for TemporarY Subdivision Identification Si~n in Pinewood Golf Course by Terry Lee Dou~las Mayor Tralle stated that Terry Lee Douglas has requested an extension to the time period for a temporary subdivision identification sign in the Pinewood Subdivision. Planning Commission Representative Robert Bischoff indicated that the Planning Commission recommended granting a six month extension to Mr. Lee's request. Mayor Tralle stated that the subdivision is nearly full and felt that the request should be denied. COUNCILMEMBER KROPUENSKE MOVED TO DENY THE REQUEST FOR AN EXTENSION TO THE TIME PERIOD FOR A TEMPORARY SUBDIVISION IDENTIFICATION SIGN BY TERRY LEE REALTY AND HOMES DUE TO THE FACT THAT THE LOTS ARE NEARLY City Council Minutes September 17, 1990 Page 12 e FULL IN THE PINEWOOD SUBDIVISION. MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DOBEL SECONDED THE The Council recessed at 10:30 p.m. and reconvened at 10:40 p.m. 5.11 Discussion with Elk River Landfill re~ardin~ City Surchar~e The City Administrator stated that at a previous Council meeting, the Council had voted to reduce the Landfill surcharge so that the Elk River Landfill could be competitive with the Landfill in Ramsey. He stated that the Council reduced the surcharge tax by 50% and that a similar action was taken by the County. Chris Kreger, Owner of the Elk River Landfill, stated that his reason for requesting a 50% reduction from the City and the County in the surcharge tax was to avoid "teeter tottering rates" between Waste Management and the Elk River Landfill. Mr. Kreger indicated that Waste Management has received a $2.00 reduction in tax from the City of Ramsey. He stated that Waste Management is now looking for a reduction in surcharge tax from Anoka County. e Councilmember Kropuenske stated that it seems the only reason for Elk River Landfill requesting a reduction in surcharge tax was to detain Waste Management from getting a tax reduction from its political bodies. Councilmember Kropuenske indicated he did not feel this was an appropriate reason. Mr. Kreger stated that even at the time he requested the surcharge reduction from the City, he was asking for more than he needed in anticipation of Waste Management requesting surcharge reduction. Mr. Kreger also informed the Council that the tipping fee for the Landf ill, excluding taxes between Anoka and Elk River Landfill, was $27.00 for Waste Management and $27.50 for the Elk River Landfill. He stated that Waste Management's tipping fee did not include a leachate collection system. Mr. Kreger informed the Council that he has been investigating his options and there are a number of options which have been checked out and were put to a dead end, but there are a couple options which they are still researching. Mr. Kreger indicated that it would take about another month to finish their investigation. The City Administrator informed the Council that every month that the City continues to reduce the surcharge tax by 50%, it is costing the City's general fund $10,000. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-48, A RESOLUTION AMENDING RESOLUTION 90-31, RELATING TO SETTING THE CITY LANDFILL FEE PURSUANT TO SECTION 605.08 (3) OF THE CITY CODE AND TO EXTEND THE AFFECT OF THE RESOLUTION TO OCTOBER 15, 1990. COUNCI LMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. e 5.12 Consider Extension of Moratorium on Adult Related Land Uses Mayor Tralle stated that the City is in the process of reviewing the adult related land uses, but has not finished with the issue. Staff is City Council Minutes September 17, 1990 Page 13 e recommending that the moratorium be extended to allow for proper review of the issue. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-49, A RESOLUTION EXTENDING A MORATORIUM ON LAND USE IN RELATION TO ADULT ENTERTAINMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.13 Ordinance Amendment to Section 900.18 Definitions/P.H. Zoning Assistant, Janelle Szklarski, noted that the proposed ordinance amendment reflects changes to several definitions within the City's ordinance. 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 ADOPT ORDINANCE 90-39, AN ORDINANCE AMENDING SECTION 900.18 DEFINITIONS OF THE ELK RIVER CITY CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.14 Review Final Conditional Use Permit for Bauerly Brothers Inc. e Mayor Tralle stated that Bauerly Brothers had recently received approval from City Council for a conditional use permit for gravel mining. He stated that presented before the City City Council this evening, was the final draft of the Conditional Use permit. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE TEXT OF THE CONDITIONAL USE PERMIT AGREEMENT FOR MINERAL EXCAVATION FOR BAUERLY BROTHERS, INC. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.15 Review Final PUD A~reement for Elk River Development Corporation Outlay A Deerfield 3rd Discussion was held regarding the August 20, 1990, City Council minutes. Janelle Szklarski questioned the Council whether retail stores and shops should be added as stipulation to #3(02), found on page 3 of the agreement. She stated that retail stores and shops were not specifically stated in the Council minutes. She also stated that stipulation #3(04) found on page 4 did not accurately reflect the type of signage approved for this area. The City Clerk indicated that after reviewing the tape recording of the meeting, that retail uses should have been included in the minutes. Council discussed the types of retail uses to be included in the developers agreement. It was the consensus of the Council to refer this back to staff for further study to determine what types of retail uses would be appropriate for that area. e COUNCILMEMBER HOLMGREN MOVED TO TABLE APPROVAL OF THE DEVELOPERS AGREEMENT FOR ELK RIVER DEVELOPMENT CORPORATION OUTLOT A, DEERFIELD III FOR STAFF REVIEW OF RETAIL USES. COUNCILMEMBER DOBEL SECONDED THE MOTION CARRIED 4-0. - e e City Council Minutes September 17, 1990 Page 14 It was the consensus of the City Council to amend the August 20, 1990, City Council minutes tQ include retail uses in Outlot A, Deerfield III PUD. 6.1. Issuance of 1990 EQuipment Certificates COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 90-50, A RESOLUTION AUTHORIZING ISSUANCE AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND LEVYING TAXES FOR THE PAYMENT OF $101,500 GENERAL OBLIGATION EQUIPMENT CERTIFICATES SERIES 1990. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Impound Fees The City Administrator distributed a letter to the Mayor and City Council from Community Service Officer, Cheryl! Edinger. The letter stated that the City's impound fees are lower than surrounding jurisdictions and requested authorization to raise the City's impound fees from $15.00 to $25.00. COUNCILMEMBER HOLMGREN MOVED TO RAISE THE CITY'S IMPOUND FEES FROM $15.00 TO $25.00 PER ANIMAL THAT IS PICKED UP. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. LiQuor Store Li~hts The City Administrator distributed two quotes received from Electric Companies for the installation of lights to be installed in the Liquor Store's parking lot. The quotes were from Plude Electric and Thomas Hipsag. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE LOWEST QUOTE RECEIVED FROM TOM HIPSAG AS A SUM OF $9,937.04 FOR THE INSTALLATION OF FIVE POST LIGHTS AT THE NORTHBOUND LIQUOR STORE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Check Re~ister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Other Business COUNCILMEMBER DOBEL MOVED TO ADOPT A NOTICE OF PUBLICATION FOR ORDINANCE 90-34, AN ORDINANCE AMENDING SECTION 602 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO THE REGULATION OF THE DISPOSAL AND COLLECTION OF REFUSE WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO RECESS THE COUNCIL MEETING TO MEET IN EXECUTIVE SESSION OF THE COUNCIL AT 11: 18 P.M. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. - e e City Council Minutes September 17, 1990 Page 15 The Council met in executive session in order to discuss the Evans Avenue assessment appeals by Bud Houlton and Mr. Ron Hetrick. COUNCILMEMBER HOLMGREN MOVED TO RECONVENE THE COUNCIL MEETING AT 11:37 P.M. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Adjournment COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 11:45 p.m. Respectfully submitted, ~aY City Clerk