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05-15-1989 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MAY 15. 1989 MEMBERS PRESENT: Mayor Tralle. Councilmembers Holmgren. Dobel. Schuldt. and Kropuenske MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers. City Administrator; Richard Fursman. City Economic Development Coordinator; Stephen Rohlf. Building and Zoning Adminstrator; Steve Bjork. Zoning Assistant; Tim Keane. City Attorney; Philip Hals. Street/Parks Superintendent; and Russ Anderson. Fire Chief 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 7:15 p.m. by Mayor Tralle. 2. Consider 5/15/89 City Council Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 5/15/89 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Open Mike e There was nobody present for this item. 4.1. Consider Resolution Approving the Plans and Specifications and Ordering the Advertisement for Bids for the Knollwood Project Mayor Tralle indicated that the City Engineer has prepared plans and specifications for the Knollwood Bituminous Overlay Improvement project. The Council had received a petition from property owners in the Knollwood area requesting that 195th and 197th Street between Tyler and Ulyssess and all of Ulysses Street within the 'original Oak Hills Plat be removed from the project due to the fact that the streets had been overlayed approximately 10 years ago. Mayor Tralle indicated that the City Engineer had taken additional soil borings in that area. and it was staff recommendation that this area be deleted from the overall Knollwood proj ecL COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-24. A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE KNOLLWOOD BITUMINOUS OVERLAY IMPROVEMENT OF 1989. COUNCILMEMBER KROPUENSKE SECONED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Consider Resolution Determining Assessed Costs. Ordering Preparation of of Proposed Assessment Role. and Setting Assessment Public Hearing for Knollwood Project e Mayor Tralle indicated that the estimated project costs for the area improvement is $128.000. with a proposed interest rate of further indicated that the assessments shall be payable installments over a period of five years. Knollwood 8.5%. He in equal Page 2 City Council Minutes May 15, 1989 e COUNCILMBMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 89-25, A RESOLUTION DETERMINING THE ASSESSED COSTS OF THE IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLE IN THE MATTER OF KNOLLWOOD AREA OVERLAY IMPROVEMENT OF 1989~ COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Consider Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for the Tyler Street Project Mayor Tralle explained that the City Engineer has prepared plans and specificiations for the Tyler Street Improvements. He indicated that the Tyler Street Improvement will consist of an urban type road. Mayor Tralle indicated that the reason for going with an urban type road, as opposed to rural, is because of the requirements placed by the State on a MSA funded improved rural street. A rural section of street would require a 90 foot right-of- way width and this would require the obtaining of easements along Tyler Street in order to meet this requirement. An urban section of road requires 66 feet of right-of-way and, therefore, no easements will have to be obtained. By going with an urban section road and meeting the MSA requirements, MSA will be funding a majority of the project which will keep the assessments for the property owners substantially lower. e COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 89-26, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE TYLER STREET IMPROVEMENT OF 1989. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Consider Resolution Proposed Assessment Tyler Street Project Determining Assessed Costs, Ordering Preparation of Role, and Setting Assessment Public Hearing for the Mayor Tralle indicated that the estimated costs for the Tyler Street Improvement is $512,000, of which approximately $100,000 will be assessed to the property owners, and $412,000 to be paid for by Minnesota State Aid. Mayor Tra1le stated that the approximate assessment cost per unit will be $1,500, payable in a period of five years at 8.5% interest. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-27. A RESOLUTION DETERMINING THE ASSESSED. COST OF. THE - IMPROVEMENT AND ORDERING THE PREPARATION OF THE PROPOSED ASSESSMENT- ROLE IN THE MAT'I'ER - OF TYLER STREET IMPROVEMENT OF 1989. -' COUNCILMEMBER HOLMGREN. SECONDED THE MOTION. THE MOTION CARRIED- 5-0. . 4.5. Resolution Relating to Parking Restrictions e Mayor Tra11e stated that the street section proposed for Tyler Street, which is a 32 foot wide urban design, does not allow for on street parking according to MnDOT design criteria. He indicated that for this reason, the Council is being requested to adopt a resolution stating that no parking be allowed in the area. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION RELATING TO PARKING RESTRICTIONS ON TYLER STREET. SECONDED THE MOTION. THE MOTION CARRIED 5-0. 89-28. A RESOLUTION COUNCIL MEMBER HOLMGREN Page 3 City Council Minutes May 15, 1989 e 5.1. Consider Administrative Subdivision Hearing for Christian Builders/Public Steve Rohlf, Building and Zoning Administrator, indicated that Christian Builders is requesting an administrative subdivision to split an approximate five acre parcel into two 2~ acre parcels. He stated that both lots would meet the minimum 2~ acre requirement for lots in an R-1a zone, and also meet the 160 foot minimum frontage requirement for that zone. Mayor Tralle opened the public hearing. There being nobody for or against the matter. Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY CHRISTIAN BUILDERS TO SUBDIVIDE AN APPROXIMATE FIVE ACRE PARCEL INTO TWO 2~ ACRE PARCELS WITH THE FOLLOWING STIPULATIONS: 1. THAT $350 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE NEWLY CREATED LOT. 2. THAT PERK TESTS ARE REQUIRED ON BOTH LOTS TO AID IN LOCATING AND DESIGNING ON SITE SEPTIC SYSTEMS. e 3. THAT PERMITS FOR THE DRIVEWAYS TO ACCESS THE TWO LOTS ARE OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT. 4. THAT PETITIONER PROVIDE THE CITY WITH TWO NEW LEGAL DESCRIPTIONS FOR RECORDING THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Consider Conditional Use Permit for Northstar Service Center/Public Hearing Steve Bjork, Zoning Assistant, indicated that Northstar Service Center is requesting a conditional use permit to operate a used car sales lot and truck terminal at 16501 Highway 10. He stated that the area is zoned C- 3/Motor Vehicle Service Station and Retail Operations. Mary Eberley. Planning Commission Representative, stated that the Planning Commission reviewed the seven standards for a conditional use permit. Ms. Eberley stated that the Planning Commission unanimously recommended approval of the conditional use permit based on the applicant meeting the seven standards required for a conditional use permit which are listed in the staff memo dated May 15, 1989. Mayor Tralle opended the public hearing. There being nobody for or against the matter. Mayor Tralle closed the public hearing. e COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY NORTHSTAR SERVICE CENTER TO OPERATE A USED CAR SALES LOT AT 16501 HIGHWAY 10 WITH THE FOLLOWING CONDITIONS: 1. SET-BACK AREA. ALONG 165TH AVENUE N.W. TO BE GRADED, COVERED WITH SMOOTH ROCK, WITH SHRUBS PLANTED AT APPROPRIATE INTERVALS. A BARRIER IS TO BE ERECTED BETWEEN THIS AREA AND CAR DISPLAY AREA. Page 4 City Council Minutes May 15. 1989 e 2. ASPHALT PAVING ON EAST OF LOT IN CAR DISPLAY AREA TO BE ADDED. 3. GARBAGE RECEPTACLE TO BE INSTALLED BEHIND BUILDING AND SURROUNDED FOR PRIVACY. 4. FUEL PUMPS. ISLANDS. AND TANKS TO BE REMOVED. S. I'REE STANDING PRODUCT SIGN AND BASE TO BE REMOVED. 6. PROPANE DISPENSER TO BE REMOVED. 7. DIRT AREA IN FRONT TO BE PLANTED WITH GRASS. 8. PARKING AREAS TO BE STRIPED. 9. ALL TENANTS HAVE BEEN ADVISED TO REMOVE UNNECESSARY VEHICLES AND ANY OTHER JUNK. 10. THAT NORTH STAR BE IN COMPLIANCE WITH ALL THESE STIPULATIONS PRIOR TO THE 6 MONTH REVIEW. 11. THAT THE 10 FOOT SETBACK FROM THE CURB BE CHANGED TO 10 FEET FROM THE PROPERTY LINE. e 12. ANY PROPOSED LIGHTING SHALL BE DIRECTED AWAY FROM THE RIGHT-OF-WAY TOWARDS THE SALE AREA. 13. INSTALL A 6 FOOT OPAQUE FENCE ON THE WEST SIDE OF THE BUILDING FOR ANY OUTSIDE STORAGE. 14. SIGNAGE FOR THE USED CAR SALES OPERATION SHALL BE LIMITED TO WALL SIGNAGE ONLY. 15. DISPLAY OF VEHICLES SHALL NOT BE PERMITTED WITHIN THE PUBLIC RIGHT-OF- WAY. 16. IN THE EVENT THAT PARKING BECOMES A PROBLEM AT THIS SITE. THE APPLICANT MUST STRIPE THE REQUIRED NUMBER OF OFF STREET PARKING STALLS FOR THIS SITE (TWENTY-ONE STALLS ARE REQUIRED). 17. THE 25 FOOT EASEMENT ADJACENT TO HIGHWAY 10 SHALL BE UNOBSTRUCTED AT ALL TIMES. 18. THE FINAL DRAINAGE PLAN SHALL BE ACCEPTABLE TO THE CITY ENGINEER. 19. THAT THE PARKING AREA BE HARD SURFACED AND BLACKTOPPED WITHIN A 60 DAY TIME PERIOD. Councilmember Schuldt voiced his concern regarding the number of conditional use permits for car sales which have been allowed on the area e east of Elk River along Highway 10. COUNCILMEMBER SCHULDT SECONDED THE MOTION. COUNCILMEMBER SCHULDT WAS OPPOSED. THE MOTION CARRIED 4-1. e e e Page 5 City Council Minutes May 15. 1989 COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO OPERATE A TRUCK TERMINAL AT 16501 HIGHWAY 10 WITH THE FOLLOWING CONDITIONS: 1. SET-BACK AREA ALONG 165TH AVENUE N.W. TO BE GRADED. COVERED WITH SMOOTH ROCK. WITH SHRUBS PLANTED AT APPROPRIATE INTERVALS. A BARRIER IS TO BE ERECTED BETWEEN THIS AREA AND CAR DISPLAY AREA. 2. ASPHALT PAVING ON EAST END OF LOT IN CAR DISPLAY AREA TO BE ADDED. 3. GARBAGE RECEPTACLE TO BE INSTALLED BEHIND BUILDING AND SURROUNDED FOR PRIVACY. 4. FUEL PUMPS. ISLANDS. AND TANKS TO BE REMOVED. 5. FREE STANDING PRODUCT SIGN AND BASE TO BE REMOVED. 6. PROPANE DISPENSER TO BE REMOVED. 7. DIRT AREA IN FRONT TO BE PLANTED WITH GRASS. 8. PARKING AREA TO BE STRIPED. 9. ALL TENANTS HAVE BEEN ADVISED TO REMOVE UNNECESSARY VEHICLES AND ANY OTHER JUNK. 10. THAT NORTH STAR BE IN COMPLIANCE WITH ALL THESE STIPULATIONS PRIOR TO THE 6 MONTH REVIEW. 11. THAT THE 10 FOOT SETBACK FROM THE CURB BE CHANGED TO 10 FEET FROM TE PROPERTY LINE. 12. ANY PROPOSED LIGHTING SHALL BE DIRECTED AWAY FROM THE RIGHT-OF-WAY TOWARDS THE SALES AREA. 13. INSTALL A 6 FOOT OPAQUE FENCE ON THE WEST SIDE OF THE BUILDING FOR ANY OUTSIDE STORAGE. 14. SIGNAGE FOR THE USED CAR SALES OPERATION SHALL BE LIMITED TO WALL SIGNAGE ONLY. 15. DISPLAY OF VEHICLES SHALL NOT BE PERMITTED WITHIN THE PUBLIC RIGHT-OF- WAY. 16. IN THE EVENT THAT PARKING BECOMES A PROBLEM AT THIS SITE. THE APPLICANT MUST STRIPE THE. REQUIRED NUMBER OF OFF STREET PARKING STALLS FOR THIS SITE (TWENTY-ONE STALLS ARE REQUIRED). 17. THE 25 FOOT EASEMENT ADJACENT TO HIGHWAY 10 SHALL BE UNOBSTRUCTED AT ALL TIMES. 18. THAT THE TRUCK TERMINAL BE SURFACED WITH CRUSHED BITUMINOUS. 19. THE FINAL DRAINAGE PLAN SHALL BE ACCEPTABLE TO THE CITY ENGINEER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 6 City Council Minutes May 15. 1989 e 5.3. Consider Sign Variance Security Federal/Public hearing Steve Bjork indicated that Security Financial has been before the Planning Commission on two separate occasions to address a sign variance request. He indicated that the Planning Commission had recommended denial on both occasions and that Security Financial had requested. once again. to appear before the Planning Commission on February 28. 1989. Mary Eberley. Planning Commission Representative. stated that because the applicant did not appear before the Planning Commission at the February 28. 1989. meeting. the Planning Commission maintained their original motion to deny the variance request. She further indicated that originally the petition was measured against the five standards required for a variance and the Planning Commission recommended denial due to the variance request not meeting these five standards. Mayor Tralle opened the public hearing. There being nobody for or against the matter. Mayor Tralle closed the public hearing. COUNCILMEMBER VARIANCE FROM FACTS: HOLMGREN SECURITY MOVED TO FINANCIAL DENY THE VARIANCE REQUEST FOR A SIGN BECAUSE OF THE,FOLLOWING FINDINGS OF e 1. THAT THERE WAS NO UNDUE HARD SHIP CAUSED TO THE PETITIONER. 2. THAT THERE WERE NO UNIQUE CIRCUMSTANCES IN THIS SITUATION. 3. THAT THE FEDERAL APPLICATION OF THE ORDINANCE WOULD NOT DEPRIVE SECURITY OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DI STRI CT . 4. THAT THE GRANTING OF THE REQUEST WOULD CAUSE A SAFETY QUESTION AND THAT IT WAS NOT IN KEEPING WITH THE SPIRIT OF THE CITY CODE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Building and Zoning Discussion Items Stephen Rohlf. Building and Zoning Administrator. indicated that he received three letters from Planning Commission members expressing their appreciation to the Council for allowing them to attend the Planning Conference. The Building and Zoning Administrator discussed with the Council a handout he had drafted labled "Planning and Zoning Functions." He indicated the handout explains the functions. the procedures. and the process which must be followed for zoning items. The Building and Zoning Administrator stated that the handout would be available to the public at Council and Planning meetings. e The Building and Zoning Administrator discussed with the Council several items which the Planning Commission had requested his staff to research. The first item which Mr. Rohlf discussed was the fact that Minnesota State Statute does not allow an economic hardship as a cause for a variance. Page 7 City Council Minutes May 15. 1989 e Mr. Rohlf discussed with the Council the maximum percent of slope allowed for driveways in both plats and affects both builders and homeowners. It was the consensus of the Council that a 10% maximum slope would be acceptable. The Building and Zoning Administrator discussed with the Council the preservation of trees. He stated he felt this must be dealt with in both the subdivision ordinance and zoning ordinance. The Building and Zoning Administrator discussed with the Council the protection of wet lands for storm drainage shock absorbers and water table generation areas. Mr. Rohlf explained that he felt a mineral excavation license could be used to protect wet lands that are not currently protected. Mr. Rohlf explained that he would be referring this item to the City Attorney for further advice. 6.1. Consider Ordinance Repealing the Park and Recreation Board Ordinance and Establishing a City Park and Recreation Advisory Commission e The City Administrator indicated that the Recreation Board has recommended approval of the attached Ordinance with the deletion of the word "advisory" throughout the ordinance and with a change in the monthly meeting date section which simply states that the Commission will meet monthly. Additionally. the Council requested that the School District be identified by its number. It was the consensus of the Council that these changes in the proposed ordinance should take place. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 89-09. AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ELK RIVER TO REPEAL SECTION 216. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 89-10. AN ORDINANCE REPEALING THE PARK BOARD AND RECREATION BOARD AND AN ORDINANCE ESTABLISHING A CITY PARK AND RECREATION ADVISORY COMMISSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Park Capital Outlay Items Phil Hals. Street/Park Superintendent. indicated that the Park and Recreation Board has considered a list of park improvements submitted by City staff. Mr. Hals indicated that there are approximately $25.000 of Park Dedication Funds available for these projects. He stated that the Parks and Recreation Board reviewed the list and that the list presented to the Council with the astericks were the items chosen by the Park and Recreation Board to take place in 1989. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE EXPENDITURE OF $25.000 FOR. THE PURPOSE OF PARK IMPROVEMENTS AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION AND THAT-THE - $25.000 BE FINANCED WITH PARK DEDICATION FUNDS~ COUNCIL MEMBER DOBEL SECONDED THE MOTION~ THE MOTION CARRIED 5""'"0. COUNCILMEMBER HOLMGREN MOVED TO HIRE AMY HEMMELGARN AT $4.75 PER HOUR AS A CITY STREET DEPARTMENT EMPLOYEE FOR THE SUMMER MONTHS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 8 City Council Minutes May 15, 1989 e 6.3 Fire Department Update Russ Anderson, Fire Chief, informed the Council that he is planning to install an outdoor warning siren in the vicinity of the Peterson Addition by the railroad tracks. He indicated that he is requesting Council permission to purchase a Federal 2001 DC Siren with radio control activation. He stated that purchase and installation would be an estimate of $9,000, and further that the $9,000 is a budgeted expense. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PURCHASE OF THE FEDERAL 2001 DC SIREN. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. Anderson updated expansion and also ladder truck. the Council on the progress of the Fire Station reviewed the time schedule for the purchase of the 6.4. Northbound Addition Update The City Administrator indicated that the Liquor Store Manager, Fritz Dolejs, had received quotes for the addition of an overhang to the Northbound Liquor Store and an estimate to repair water leakage. He indicated that he also received a quote for the stucco work to be done on the north and east walls. e OOUNCILMlMBIR DOBEL MOVED TO APPROVE THE QUOTE FROM ART HIDDE OF $1,325 FOR THE OVERHANG AND $500 FOR THE WATER REPAIR; ALSO, TO APPROVE THE QUOTE FROM PETE ROHLF OF $10,120 FOR THE STUCCO WORK ON THE NORTH AND EAST WALLS OF THE NORTHBOUND LIQUOR STORE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Register COUNCILMEMBER DOBEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business There was no other business presented at the this Council meeting. 9. City Administrator Update The City Administrator informed. the Council that at the May 22, 1989, meeting he would have a recommendation for the purchase of the Larry Morrell site for the Council to consider. He indicated that he would be planning to meet with Mr. Morrell following this 5/22/89 meeting and will be negotiating with him for his site. e The City Administrator also informed the the Council that there will be a request before the Council for uniforms for the clerical staff at the May 22, 1989, meeting. Mr. Klaers informed the Council that staff will researching and looking at proposals for a recorder system to record Council minutes. e e e Page 9 City Council Minutes May 15, 1989 The City Administrator requested that the Citizen Task Force be put on hold until a decision can be made for the Morrell property. It was the consensus of the Council that the Citizen Task Force be put on hold until sometime this fall. The City Administrator indicated that he had budgeted for a Personnel Administrative Assistant to be hired in July. He stated that instead of a full time employee, he would like to investigate the possibility of a contract employee. The City Administrator stated that contact has been made with UPA regarding its interest in the Old City Hall site. Additional staff updates on selling this site is anticipated in June. 10. Adj ournment There being no further business of the KROPUENSKE MOVED TO ADJOURN THE MEETING. THE MOTION. THE MOTION CARRIED 5-0. City Council, CQUNCILMEMBER COUNCILMEMBER DOBEL SECONDED The meeting of the Elk River City Council adjourned at 9:10 p.m. Sandy Th ckeray Deputy City Clerk