Loading...
10-15-1990 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 15, 1990 MEMBERS PRESENT: Mayor Tralle, Councilmember Schuldt, Dobel and Kropuenske--Councilmember Holmgren arrived at 7:45 p.m. due to his attendance at the Community Center Task Force Meeting MEMBERS ABSENT: None STAFF PRESENT: Steve Rohlf, Building Szklarski, Zoning Administrator; Sandy Keane, City Attorney and Zoning Administrator; Janelle Assistant; Pat Klaers, City Thackeray, City Clerk; and Tim ALSO PRESENT: Planning Commission representatives Rita Johnson and Rob Vanvalkenburg 1. Q~.J.l M!i!etimLto 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. Cqns id~L.1QL1~~Q~11Y...CounQil A~ndl! COUNCILMEMBER DOBEL MOVED TO APPROVED TO THE 10/15/90 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. COllsiger. 10/l.L~0 City CounQil Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 10/1/90 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Qll.en...l1jj{_e. There was no one present for this item. 5.1. Consider Zone Chan~e Reque~t/Public Hearin~ Janelle Szklarski, Zoning Assistant, stated that several property owners wi thin one area have requested that their property be rezoned from R-lc single family residential, to R-la single family residential. Rita Johnson, Planning Commission representative, stated that the Planning Commission unanimously recommended approval of the zone change request due to an error made when the land use map was approved in 1988. Mayor Tralle opened the public hearing. Geri Fisher stated that she owned Parcel D and requested that an easement associated with her parcel and the rezoning be dealt with as City Council Minutes October 15, 1990 Page 2 e two separate issues. Steve Rohlf, Building and Zoning Administrator, indicated that easements were required on these parcels at the time of administrative subdivision to ensure access to property to the north and east in the future. Mr. Rohlf stated that the easement for Ms. Fisher's property has not been recorded. He explained that a developers agreement was recorded on these parcels spelling out the stipulation that the easements must be granted but the developer failed to record the easements. He indicated that this is the reason Ms. Fisher's easement is not recorded. Cecil Lade, owner of Parcel C, questioned the cost to Ms. Fisher if the easement was improved. The Building and Zoning Administrator explained that you can only be assessed if your property derives benefit from an improvement. Virginia Barnier questioned the access to the forty acres north of the property being considered for a zone change. Building and Zoning Administrator, Steve Rohlf, explained that easements to the north are available if needed to develop the property. There being no further comments, Mayor Tralle closed the public hearing. e Mayor Tralle explained toMs. Fisher the reason the Council and staff are requesting that her easement be recorded. Ms. Fisher presented the easement to the Building and Zoning Administrator for recording. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-41, AN ORDINANCE AMENDING THE CITY OF ELK RIVER'S ZONING MAP TO ZONE PARCELS A, B, C, AND D FROM R-1C SINGLE FAMILY, TO R-1A SINGLE FAMILY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO CHANGE THE LAND USE MAP FROM MR MEDIUM DENSITY RESIDENTIAL, TO LR LOW DENSITY RESIDENTIAL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-53, A RESOLUTION FOR REMOVING CERTAIN PROPERTY FROM THE PLANNED URBAN SERVICE AREA. COUNCILMEMBER SCHULDT SECO~DED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Co!)sideL.-CoQdi tj.JmALJl~e ~ermi t---Yo.r Alliance Community Churcl!LPublic [E1JlrlJ1A Janelle Szklarski, Zoning Assistant, indicated that Alliance Community Church is requesting a conditional use permit to build a two-story, 18,000 square foot addition to the existing school located at 829 School Street. e Rita Johnson, Planning Commission representative, stated that the Planning Commission reviewed the request for a conditional use permit and fel t that the applicant met the seven standards requi.red for a conditional use permit. She indicated that the Planning Commission unanimously recommended approval with the stipulations listed in the Zoning Assistant's memo dated October 5, 1990. e e e City Council Minutes October 15, 1990 Page 3 Mayor Tralle opened the public hearing. Ken Mitchell, representative of Alliance Community Church, indicated that the request for a conditional use permit is based on the need for additional space. There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR ALLIANCE COMMUNITY CHURCH TO BUILD A TWO-STORY, 18,000 SQUARE FOOT ADDITION WITH THE FOLLOWING STIPULATIONS: 1. THAT THE 8 FOOT SIDEWALK TO THE SOUTH OF THE ADDITION BE MAINTAINED THROUGHOUT THE YEAR TO PROVIDE FIRE ACCESS. 2. THAT THE LIGHTING STANDARDS WITHIN THE PARKING LOTS MAINTAIN A MINIMUM OF 3 FOOT CANDLES. 3. THAT ANY NEW SIGNAGE BE ACCORDING TO CITY CODE. 4. THAT ALL EXPOSED GROUND AREAS BE STABILIZED WITH SOME SORT OF GROUND COVER TO RESIST EROSION WITHIN A YEAR OF THE ISSUANCE OF THE BUILDING PERMIT. 5. THAT THE DRAINAGE OF THIS SITE BE ACCOMPLISHED AS PER THE ATTACHED SITE PLAN. 6. THAT ALL PARKING AREAS BE HARDSURFACED AND STRIPED AS PER CITY CODE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Easement Vacation ReQuest by Zieder Construction and Mark B~.YLPJJQ.Lir~H~ar ing Building and Zoning Administrator, Steve Rohlf, stated that Ziegler Construction and Mark Bay have petitioned to vacate the drainage and utili ty easement between ~ots 10 and 11, Block 2, Greenhead Acres II Addition. He indicated that the City Engineer has reviewed the request and feels that there would be no problem vacating the existing easement if a new easement is dedicated along the new lot line. He stated that the new easement would accommodate drainage from the houses on Lots 10 and 11 to Pintail pond. Mayor Tralle opened the public hearing. George Sandford stated that this was an administrative request and that the easements should have been vacated when the lots were rearranged. There being no further comments, Mayor Tralle closen the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-54, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS WITH THE FOLLOWING ST I PULA T IONS: City Council Minutes October 15, 1990 Page 4 e 1. THAT A NEW EASEMENT IS DEDICATED 20 FEET WIDE, 10 FEET EITHER SIDE OF THE NEW LOT LINE CREATED BETWEEN LOTS 10 AND 11, BLOCK 2, GREENHEAD II ADDITION WITH THE PETITIONERS HAVING A LEGAL DOCUMENT DRAFTED AND THE CITY RECORDING THE DOCUMENT. 2. THAT THE PETITIONERS GAIN UTILITY RELEASES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. ~~~U~$_~o~ccess Via Private Road by Richard Lundber~ The Building and Zoning Administrator indicated that Mr. Lundberg is requesting to access an existing parcel from a private road. He indicated that Mr. Lundberg has rights to utilize an existing easement to his parcel. This easement is currently the driveway to a house owned by Tom Secord. He stated that this easement is the private road which Mr. Lundberg is requesting to use as access and further indicated that Mr. Secord has signed the appropriate papers to enter into a private road agreement with Mr. Lundberg provided that the Council approves such an agreement. e The Council reviewed the criteria for approving a private road and indicated their approval according to the findings of fact listed in the memo to the Mayor and Ci ty Council from the Building and Zoning Administrator dated October 11, 1990. The Building and Zoning Administrator noted that there was an error in his memo. The name of Dan Secord in the third paragraph should be changed to "Tom Secord." COUNCILMEMBER SCHULDT MOVED TO APPROVE THE PRIVATE ROAD AGREEMENT BETWEEN THOMAS AND REBECCA SECORD AND RICHARD AND KIM LUNDBERG AND THE CITY OF ELK RIVER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. Councilmember Kropuenske did not vote as he was away from the Council table at this time. 5.5. Consider Administrative Subdivision Request by John Plaisted/Public H~_ar tM Janelle Szklarski, Zoning Assistant, indicated that John Plaisted has requested an administrative subdivision to create a 16,500 square foot single family lot. She indicated that Mr. Plaisted is planning to submit a preliminary plat for the remainder of the property at a later date. Mayor Tralle opened the public hearing. e Joe Pouliot of 207 York Avenue stated that he is opposed to the location of the proposed road. Mayor Tralle explained that this will be an issue at the time of preliminary plat review: Bob Turcotte, of 18184 Albany Street NW, questioned the number of lots being proposed for the plat. Mayor Tralle stated that this also is a question to be considered at the time of the preliminary plat review. City Council Minutes October 15, 1990 Page 5 e There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JOHN PLAISTED TO CREATE 16,500 SQUARE FOOT SINGLE FAMILY LOT WITH THE FOLLOWING CONDITIONS: 1. THAT THE PETITIONER PAY $350 TO THE PARK DEDICATION FEE FUND FOR THE NEWLY CREATED BUILDING SITE. 2. THAT THE PETITIONER PROVIDE THE CITY WITH LEGAL DESCRIPTIONS FOR THE NEWLY CREATED PARCELS. 3. ANY NEW HOMES BUILT UPON THESE PARCELS SHALL BE REQUIRED TO HOOK UP TO THE CITY SANITARY SEWER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Holmgren arrived at this time. 5.6. Consider Ordinance Amendl!l.ent to Sections 900.38 and 1008. 04 Relatin~ to__ Pl a tj;l n~/PubJ i_Q_._H..~I!rJ n~ e Building and Zoning Administrator, Council directed the Planning amendments which were previously 900.38 and 1Q08.04 relating to the Steve Rohlf, stated that the City Commission review the ordinance passed by the Council for Sections subdivision of land. Planning Commission representative, Rob VanValkenburg, stated that the Planning Commission recommended that existing lots did not require platting prior to development. It was the consensus of the Planning Commission these lots were created legally and should be grandfathered in. Mr. VanValkenburg also stated that the Planning Commission has recommended an administrative subdivision process for simple lot splits and that simple lot splits be defined as four or less lots created wi thout the addition of n~w road right-of-way. He further indicated that the Planning Commission also recommended that administrative subdivisions take Council review only. Mr. VanValkenburg indicated that the Planning Commission recommended that the City continue to charge park dedication fees for multiple family dwellings, but discontinue park dedication fees for commercial and industrial development as these are not the people using the parks. e Planning Commission representative, Rita Johnson, stated that it was pointed out by the Planning Commission that they would like to be included in the capi tal improvement planning process so that they can become more aware of the needs of the City in relation to available funding. City Administrator Pat Klaers, stated that when the ordinance was approved it allowed the City to collect park dedication fees for City Council Minutes October 15, 1990 Page 6 e commercial and industrial lots and that a list was provided to the Council which indicated that this was typical in other suburban communities. He stated that the City has been behind in this area of park acti vi ties and is trying to get in line with other communities provide and, in order to do this, the City must look at all available finances for park and recreation activities. Mike O'Brien, Park and Recreation Commissioner, stated that the Park and Recreation Commission is opposed to any change in the fee structure. He indicated that the City is trying to catch up in the area of parks and recreation and feels that the present fees being charged are not unreasonable. Mayor Tralle stated that this fee could deter businesses from locating in Elk River. Councilmember Kropuenske agreed that the park and recreation needs funding, but indicated that the City is competing with other communi ties and if it starts charging industrial and commercial business for park fees, it will not be competitive. The City Administrator suggested charging park dedication fees for commercial business, but to eliminate the fee for industrial business. Councilmember Holmgren concurred with the City Administrator. e There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-42, AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY ELK RIVER, SECTIONS 900.38 AND 1008.04, RELATING TO THE SUBDIVISION OF LAND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 90-55, A RESOLUTION ELIMINATING INDUSTRIAL PARK DEDICATION FEES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Building and Zoning Administrator questioned whether a formal policy should be set regarding lot splits with road right-ot-way requiring Planning Commis~ion review. Discussion was held by the Council regarding the number of lots required for an administrative subdivision as opposed to requiring a plat. It was the consensus of the Council to have the Planning Commission review the section of the ordinance referring to administrative subdivisions. The Council requested that staff research other communi ties as to the number of lots required for an administrative subdivision and time requirement for allowing a second administrative subdivision within the same original lot. e COUNCILMEMBER HOLMGREN MOVED TO REFER THE SECTION OF THE ORDINANCE REFERRING TO AN ADMINISTRATIVE SUBDIVISION OF LAND TO THE PLANNING COMMISSION FOR REVIEW. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes October 15, 1990 Page 7 e 5.7. Discussion with Chris Kreger Mayor Tralle indicated that in July of 1990, the City Council voted to reduce the landfill tax. He indicated that the issue was again discussed by the Council in September of 1990, at which time the City Council decided to continue the tax reduction until October 15, 1990. Pat Klaers, Ci ty Administrator, stated that staff is recommending to restore the tax to the previous level. Mr. Klaers indicated that the Ci ty of Ramsey has reduced its landfill tipping fee to encourage the RDF rejects generated by Hennepin County to be sent to the landfill in Ramsey. Mayor Tralle indicated that he concurs with the City Administrator and the City staff and feels that the City should reinstate the fee so as not to be involved in the bidding war between Elk River and the City of Ramsey. Chris Kreger , of the Elk River Landfill, stated that the Elk River Landfill is charging $38 per cubic ton and Waste Management now charges $32 per cubic ton. Mr. Kreger indicated that he feels it is illegal and outside of the competitive bidding procedures for Waste Management to lower their tipping fees. He requested Council to consider leaving the landfill tax as it is. He stated that an increase in the tax at this time, could be a detriment to returning the waste back to the Elk River Landfill. e Tom Larson, legal Counsel for Elk River Landfill, indicated that he has addressed all the legal issues and has presented a letter to Hennepin County which addresses the competitive bidding issue. He requested the Council to refrain from increasing the surcharge until an answer is received from Hennepin County regarding the letter. The City Administrator explained the distribution of the landfill funds. He further explained that the County will be reviewing this issue and that all of the money the County receives in surcharge goes to a speci al landfill fund and - is not put into the County's general fund. He indicated that if the County reduces their landfill tax to zero, then the reinstatement of Elk River's landfill tax would not affect the Landfill. Chris Kreger explained that the reduction of the Landfill tax from the City and the County will help support the recycling center and some of the educational functions provided by the Landfill. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-56, A RESOLUTION RELATING TO THE SETTING OF THE CITY LANDFILL FEE PURSUANT TO SECTION 605.083 OF THE ELK RIVER CITY CODE WHICH REINSTATES THE LANDFILL TIPPING FEE AT $1.00 PER CUBIC YARD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dobel opposed. 5.8. Q.tDer e There was no business for this item. e e e City Council Minutes October 15, 1990 Page 8 6.1. E-Qonomic De~elopment Coordinator Appointment The City Administrator informed the Council that Bill Rubin has accepted the Economic Development Coordinator position for the City of Elk River. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE HIRING OF MR. BILL RUBIN AS THE CITY'S ECONOMIC DEVELOPMENT COORDINATOR STARTING OCTOBER 22, 1990, WITH A STARTING WAGE OF $38,250 AND THAT THIS SALARY BE IN EFFECT THROUGH THE YEAR 1991 AND THAT THERE BE A SIX MONTH PROBATIONARY PERIOD WITH A WRITTEN REVIEW AT THE END OF THE SIX MONTHS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. SeLection Process for Police Officer The City Administrator informed the Council that the Police Chief has requested permission from the Council to continue with the selection process for the Police Officer candidates. COUNCILMEMBER DOBEL MOVED TO AUTHORIZE THE POLICE CHIEF TO CONTINUE THE APPLICATION PROCESS FOR THE SELECTION OF ONE POLICE OFFICER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Pi~~_~~ut Beer License Transfer COUNCILMEMBER DOBEL MOVED TO APPROVE THE PIZZA HUT BEER LICENSE DUE TO A TRANSFER OF THE LICENSE FROM JOSEPH MANDOLFO TO PIZZA HUT INCORPORATED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Or(ttDJ1.JlCe_A!!!~IJ9me!lt t<LL.tg'yor Ordin~nce City Clerk Sandy Thackeray, indicated that the liquor ordinance amendment pertains to the age for serving liquor. She stated that the Ci ty' s current ordinance Indicates that a person must be 21 years of age to serve liquor, and Minnesota Law requires a person to be at least 18 years of age to serve liquor. She indicated that the ordinance amendment would correct th~ language in the City's ordinance and allow the serving of liquor at the age of 18 years. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-43, AN ORDINANCE AMENDING THE CODE OF THE ORDINANCES SECTION 800.32, 800.40, AND 800.54 RELATING TO BEER, WINE AND LIQUOR LICENSING AND REGULATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. M~jD_S1L~et S~ecial Assessment Issue Mayor Tralle indicated that there was a discrepancy in the Main Street assessment to Mr. Joe Sipe regarding the number of front footage. He indicated that the County record showed Mr. Sipe as having 181 feet and that the actual total front feet owned by Mr. Sipe is 111 front feet. e e - City Council Minutes October 15, 1990 Page 9 COUNC I LMEMBER SCHULDT MOVED TO REFUND MR. JOE S I PE $1 ,447 . 60 FOR A DISCREPANCY IN THE MAIN STREET ASSESSMENT AGAINST MR. JOE SIPE'S PROPERTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. y~mhl~r~~ise Per-mit for Elk River Jaycees COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-57, A RESOLUTION APPROVING PREMISE PERMIT APPLICATION FOR ELK RIVER JAYCEES TO CONDUCT GAMBLING AT DICK'S BAR. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Re~ister COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Qther 13Jlsiness Councilmember Holmgren indicated that the School District is considering the purchase of an 88 acre parcel of land, north of County Road 1. He indicated that the School District would like to make an offer on the property contingent upon the City placing the Community Center on the property in the future. After discussion regarding this matter, it was the consensus of the Council that the sale of this land for Community Center purposes was premature and that the Council would not be ready to make a decision at this time. 9. City Admjnistrator Update There was no business under this item. 10. Adjour_nmen~ There being no further business, COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:05 p.m. Respectfully submitted, )~ :ffi~CUO~ Sandy Thackeray City Clerk