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06-19-1989 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JUNE 19. 1989 e Members Present: Mayor Tralle, Councilmembers Dobel, Kropuenske. Schuldt and Holmgren Members Absent: None Staff Present: Pat Klaers. City Administrator; Terry Maurer, City Engineer; Lori Johnson. Finance Director; Phil Hals. Street/Parks Superintendent; Tim Keane. City Attorney; Dick Fursman. Economic Development Coordinator; Stephen Rohlf. Building and Zoning Administrator; Steven Bjork, Zoning Assistant Planning Commission Members Present: Mary Eberley and Bob Morton 1. 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. Consider 6/19/89 City Council Agenda Items 6.7 and 6.8 were moved to the end of the Building and Zoning Agenda. COUNCILMEMBER AS AMENDED. CARRIED 5-0. HOLMGREN MOVED TO APPROVE THE 6/19/89 CITY COUNCIL AGENDA COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION 3. Consider 6/5/89 City Council Minutes e COUNCILMEMBER DOBEL MOVED TO APPROVE THE 6/5/89 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike 4.1 Mr. Dan Karst. owner of Danny's Trannys. approached the Council and stated that he had been given a July 24, deadline by the City to have his site cleaned up. He indicated that he would like the City Council to consider extending this deadline. Mayor Tralle addressed the situation and told Mr. Karst that it would be best if his request was formally put on the June 26. Council agenda. Mr. Karst requested that the surrounding neighbors be informed of the meeting. e 4.2 Mr. Cliff Lundberg addressed the Council as a representative of the Elk River Community Theater. Mr. Lundberg indicated that he is requesting the City to recognize the Elk River Community Theater as the official arts group in Elk River and that this could be done through the Arts Partner of Minnesota Project. Mr. Lundberg further stated that he has addressed the Park and Recreation Commission regarding this manner and that they have expressed their support for the formation of an official arts group in Elk River. He further stated that there is grant money available to fund this project provided that the City matches the funds provided through the grant. Mr. Lundberg indicated that the grant application must be submitted by July 15. and requested that the City contribute towards the funding of this grant. He requested a $10.000 annual committment by the City for three years and further indicated that besides the money they would be requesting office supplies and space. e e e Page 2 City Council Minutes June 19. 1989 Mayor Tralle directed the staff to look at the budget and to put this item on the June 26. Council agenda and further indicated that at that meeting the Council would consider adopting a motion designating the Elk River Community Theater as the official arts organization in the city of Elk River. 5.1 5.2 5.3 Tyler Street Assessment Hearing/P.H. Knollwood Assessment Hearing/P.H. Consider Bids for Knollwood/Tyler Street Projects Mayor Tralle stated that the Tyler Street improvement project and Knollwood overlay project were both City initiated projects and therefore would require a 4/5 vote. Mayor Tralle reviewed the appeal process by stating that property owners may appeal by presenting a signed written objection to the City Clerk or the Mayor. He indicated that standing up and stating an objection does not constitute an appeal. Mayor Tralle indicated that the Knollwood overlay project consists of 77 parcels of property at $1.150 per parcel. He further indicated that the Tyler Street improvement project consists of approximately 57 parcels of property at $1.500 per developable lot. The cost of the Tyler Street improvement project is approximately $460.000 of which approximately $380.000 will be funded through MSA monies. Terry Maurer. City Engineer. reviewed the Tyler Street project schedule. He indicated that the final lift of blacktop will not be laid until Spring. 1990. He stated that for the Tyler Street project street reconstruction. the property owners would be paying 14% of the street reconstruction and MnDOT would be paying the remainder. Mr. Maurer indicated that the overlay portion of the Tyler project would be 100% assessable to the property owners. Mayor Tralle opened the public hearing at this time. Tim Keane. is to give assessment. City Attorney. stated that the purpose of the public hearing affected property owners an opportunity to be heard on the Dave Burrandt. 19118 Tyler Street. submitted a letter of appeal to the Mayor. Lynn Robinson. 10966 200th Circle. questioned why the residents were expected to pay 100% of the overlay project. Don Hovre. 10933 200th Circle. stated that he did not feel the Knollwood area needed an overlay. He indicated that there are spots that need to be patched but it is not necessary for a complete overlay. Sheridan Vogel. 20211 Smith Street. objected to the 100% assessment of the overlay project. Page 3 City Council Minutes June 19, 1989 - Irvin Clausen, 18990 Twin Lakes Road, indicated he was being assessed for three units. He questioned whether three units meant the same as having three driveways and further questioned how the City determined what a unit was. The City Engineer indicated that if Mr. Irvin Clausen was being assessed for three units, he would be able to get three driveways from his property and further that the City determined a unit to be approximately 300 front feet. Larry Stevens, 19748 Tyler Street, indicated that the City would have to reslope his driveway and questioned what type of apron he would be receiving. The City Engineer indicated that the apron would butt up to the street. Leona~d Wirtz, 20045 Tyler Street, indicated that he has received an assessment for three units. Mr. Wirtz stated that he has 900 feet on Tyler Street of which 500 feet is unbuildable leaving a total of 400 feet which he considered as buildable property. Terry Maurer, City Engineer, indicated to the City Council that he had evaluated Mr. Wirtz' property through an on site inspection and determined that it would be possible to put three lots on his property. e Mr. Bakken, 10663 201st Circle, questioned whether state aid was being considered for the Knollwood overlay project. He further indicated that he submitted a letter of objection to the assessment on three units which he owns. He indicated that two of the units are buildable but that they are on lower ground. Mary Tholkes-Ms. Tholkes father was present and indicated that she had submitted a letter stating she no longer lived at the property and therefore did not feel she should receive an assessment. The letter was turned into the City Finance Director. Dan Naar, 20132 Ulysses Street, questioned the long range plans for City sewer and water in the area. Mayor Tralle indicated that it would be very impractical and expensive to bring sewer and water to the homes at this time. He indicated that there are no future plans made for City utilities in that area. Mr. Wirtz, 20020 Tyler Street, questioned whether the hill would be cut down as it impaired the sight distance from his driveway. The City Engineer indicated that he would discuss this with Mr. Wirtz. Jim Dahlquist, 10825 200th Avenue, questioned what the City planned to do with the trees that were close to the road. The City Engineer indicated that he would speak to Mr. Dahlquist personally regarding this problem. There being no further questions, Mayor Tralle closed the public hearing. e Page 4 City Council Minutes June 19. 1989 ~ Mayor Tralle indicated that the following letters of appeal have been received: Glenn and Phyllis Wilson Ken and Vivian Bakken Leonard and Helen Wirtz John and Karen Williams David and Barbara Burrandt Irvin Clausen Mayor time. front City's Tralle addressed the 100% overlay assessment questions at this He indicated that citizens are responsible for the roadways in of our homes. He further indicated that it is a policy set by the assessment manual to assess overlSy projects 100%. Mr. Terry Maurer indicated that he wouldulike to address the letter of appeal from Glenn and Phyllis Wilson who are appealing the $1.500 assessment to the Tyler Street project because the parcel being assessed is not a buildable parcel of property and further that the majority of the parcel is swampland and pond. Mr. Maurer further indicated that the Wilson property has approximately 300 feet of frontage along Tyler Street with the home being built to the rear of the property fronting onto Ulysses Street. Mr. Maurer further indicated that there was a fair amount of water on the Tyler Street frontage and further that the property could probably not be subdivided due to this water. ~ COUNCILMEMBER KROPUENSKE MOVED TO REMOVE THE GLENN AND PHYLLIS WILSON PROPERTY FROM THE TYLER STREET ASSESSMENT DUE TO THE FACT THAT THE HOME IS LOCATED TO THE REAR OF THE PROPERTY AND IS ABUTTING ULYSSES STREET AND FURTHER THAT THE FRONTAGE ALONG TYLER STREET IS UNBUILDABLE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 89-39. A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE KNOLLWOOD AREA OVERLAY IMPROVEMENT PROJECT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMlMBER DOBEL MOVED TO ADOPT RESOLUTION 89-40. A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE TYLER STREET IMPROVEMENT PROJECT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 89-41. A RESOLUTION A.CCEPTING THE BID AND AUTHORIZING THE EXECUTION OF CONTRACT IN THE MATTER OF THE TYLER STREET IMPROVEMENT PROJECT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~ COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 89-42. A RESOLUTION A.CCEPTING THE BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE KNOLLWOOD AREA IMPROVEMENT OF 1989. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 5 City Council Minutes June 19. 1989 ~ 5.4 Resolution to Advance Encumber MSA Funds for the Tyler Street Project COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-43. A RESOLUTION ALLOWING FOR THE ADVANCEMENT OF MSA FUNDS FOR THE TYLER STREET PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5 East Highway 10 Utilities Extension Gouncilmember Holmgren indicated that he would like the City to discuss the possiblity of the future extension of utilities. Mayor Tralle indicated that the City Council received a letter from Rob VanValkenburg. Marcie VanValkenburg. and Mike Leary. requesting a firm decision from the Council as to whether or not sewer and water will be extended to the eastern area along Highway 10 in 1989. The Mayor indicated that before the Council were two separate issues; one issue relating to the letter received from the developers of the AmericInn Motel and Conference Center and the other issue relating to Councilmember Holmgren's request of a study being done as to whether or not sewer and water could be extended to the eastern area of the City. ~ Mayor Tralle indicated that to extend water and sewer to the motel conference center site area would cost approximately $1.000.000. He indicated that the main question is where the funds would come from for this project. Dick Fursman. Economic Development Coordinator. indicated that there would be several possible areas of funding for this type of project. One would be excess increments in several of the TIF districts. He indicated that there are excess increments from TIF projects 1 & 3 and possibly from 4. Discussion was held on excess increments from districts 1 & 3. Lori Johnson. Finance Director indicated that the City must be sure that they can cover current debts before the excess increments are used for other proj ects. The City Administrator indicated that the excess increments usually are not used until the full debt is nearly retired. Therefore. there would be no extra money until near the end of the district period which would be 1996. He indicated that he felt there were too many unknowns. especially with future tax law changes. to spend all of the excess increments at this time. Gounc ilmembe r the City were reality. Holmgren questioned what a possible scenario would be if able to help make the motel conference center project a Dick Fursman. Economic Development Coordinator. stated that there would be the possibility of capturing future increments from new TIF districts. ~ Councilmember Holmgren questioned whether this was a City initiated project. The City Attorney stated that at this point it would be considered a City initiated project and would need a 4/5 vote. A simple majority Council vote is necessary if petitioned by 35% of the benefitted property owners. e e e Page 6 City Council Minutes June 19. 1989 Councilmember Holmgren stated that he did not feel the project of extending sewer and water to the motel conference site is as risky as others view it and further stated that he sees the project as a catalyst for future projects in the area which could help generate money for the improvement and stated that because of this he is in favor of the proj ect. Mayor Tralle indicated that he felt the City would be taking a risk in extending sewer and water to the motel conference site. He indicated that he would be more open to the idea if future TIF money would be utilized for the utilities. He stated that he would like to see concrete proposals on future developments from the adjoining pieces of property. Mike Leary indicated that in almost all of the facilities similar to theirs being proposed. a restaraunt is located adjacent to the motel. He indicated that no one will look at the property if sewer and water is not extended to the area. He stated that it will be difficult to develop the property when there are more small businesses starting in that area. Councilmember Schuldt questioned how the project would be paid for. Dick Fursman. Economic Development Coordinator. indicated that they could hope that the development in the area would pay for the project. He indicated that the TIF #4 money and the excess increments from 1 & 3 are all uncertain to some degree. Councilmember Kropuenske stated that he strongly supported the motel conference plans but further indicated that he is questioning how the City will make the payments on the project. He indicated that he is not willing to gamble and say that the City will spend the excess monies from TIF districts 1 & 3. because there is no assurance that the money will be there. He indicated that he would not be willing to sign off on spending $800.000 until he was sure that the City had the money. Councilmember Dobel stated he would like to give support to the developers and their project but stated that the City does not have the money and indicated that he feels the Council should know where the money is coming from before they make their decision. COUNCILMEMBER HOLMGREN MOVED THAT THE CITY ASSI ST WITH THE SEWER AND WATER PROJECT TO THE MOTEL CONFERENCE CENTER SITE IN FALL OF 1989. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION FAILED 3-2. Councilmember Kropuenske and Mayor Tralle voted against the motion. Councilmembers Schuldt. Holmgren and Dobel voted for the motion. The motion failed due to the lack of a 4/5 vote. COUNCILMEMBER DOBEL MOVED TO DIRECT THE STAFF TO PREPARE A REQUEST FOR PROPOSAL (RFP) ON THE STUDY FOR THE EAST HIGHWAY 10 UTILITIES EXTENSION AND THAT RESERVE MONIES WILL BE USED, M COMING OUT OF THIS YEARS BUDGET AND THE SECOND M COMING OUT OF NEXT YEARS BUDGET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 7 City Council Minutes June 19, 1989 tit 6.1 Consider Conditional Use Permit Larry Rohlf/P.H. Mayor Tralle indicated that Larry Rohlf is requesting a conditional use permit to construct a m~n~ storage facility in an R-3 zone at the location of Lot 3, Block 1, Ridgewood East second addition. Bob Morton, Planning Commission representative, indicated that the Planning Commission recommended approval of the request with a 6-1 vote. He indicated that the approval was based on several stipulations set by the Planning Commission. Attorney Ron Black appeared before the Council on behalf of the petitioner. He indicated that the petitioner had some concerns with a couple of the conditions which were set by the Planning Commission. Mayor Tralle opened the public hearing at this time. There being no one for or against the matter, Mayor Tralle closed the public hearing. e Mayor Tralle indicated that he had received a letter and a petition from some of the surrounding residents in opposition of the proposed m~~ storage. He stated that the major point of the opposition was that the Cities of Anoka, Coon Rapids, Brooklyn Park and Blaine do not allow such uses as mini storage within R-3 or R-4 zones. Mayor Tralle also indicated that he had recieved a letter from Planning Commission Chairman, Peter Kimball, indicating that he had investigated the surrounding community policy and found out that these City's do allow uses such as mini storage next to apartment zones by spot zoning the area. Mayor Tralle further stated that there was a letter to the editor regarding opposition to this matter indicating that property values will decline due to the addition of the mini storage. He stated that the petitioner has provided appraisals from surrounding properties which demonstrate that property values will not be affected. Ron Black indicated that his client's objections were to fencing and hours of operation. He questioned what the purpose of a fence would be and indicated that they felt there was no need for a fence. Bob Morton indicated that the reason for a fence was to provide a barrier to keep small children from the area. Mayor Tralle questioned whether storages within the City. It required. fencing was required on other m~n~ was indicated that fencing was not COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY LARRY ROHLF' TO CONSTRUCT A MINI STORAGE ON LOT 3, BLOCK 1, RIDGEWOOD EAST 2ND ADDITION WITH THE FOLLOWING STIPULATIONS: 1. LIGHTING SHALL BE INSTALLED ON THE STORAGE BUILDING WITH NO GLARE SPILLOVER TO ADJOINING PROPERTIES. 2. REDUCED SECURITY LIGHTING AFTER HOURS OF OPERATION SHALL ALSO ALLOW NO GLARE SPILLOVER TO ADJOINING PROPERTIES. e 3. BUILDING MATERIAL ENVIRONMENT. AND SHALL BE SUBDUED COLORS, COMPATIBLE WITH THE ARCHITECTURALLY HARMONIUS WITH THE NEIGHBORHOOD. Page 8 City Council Minutes June 19. 1989 e 4, ~~ ~fi~ION AND fINISH or THE BUILDING SHALL BE RESIDENTIAL IN NATURE ANI> COMPATIBLE WITH THE NEIGHBORHOOD. S. THE BUILDING SHALL HAVE A SHINGLED ROOF. 6. APPLICANT SHALL PROVIDE DRAINAGE RETENTION EASEMENT ON LOT 2 APPROVED BY THE CITY ENGINEER. 7. SPEED LIMIT OF 5 MPH SHALL BE POSTED ON LOT 3. 8. THE DRIVEWAY OF LOT 3 SHALL BE ONE WAY ONLY. 9. DRIVEWAY AND PARKING STALLS SHALL BE HARDSURFACED WITH ASPHALT OR CONCRETE. 10. MIAS NOT PAVED OR BUILT UPON SHALL BE SEEDED IN GRASS. 11 . TEN TREES SHALL BE PLANTED ON LOT 3, TYPES AND LOCATIONS AS PER DESCRIPTION ON DRAINAGE PLAN. 12. BUILDING AND GROUNDS SHALL BE KEPT WELL MAINTAINED. CLEAN, AND FREE OF DEBRIS. e 13. SIGNAGE SHALL NOT EXCEED MAXIMUM OF FOUR SQUARE FEET. 14. THE PROJECT'S APPROVAL IS CONTINGENT UPON REVIEW AND ACCEPTANCE OF THE DRAINAGE PLAN BY THE CITY ENGINEER. Councilmember Schuldt indicated that his concern is not how the mini storage is designed or laid out but indicated that he felt an ordinance amendment was passed in error allowing mini storages in this area. He stated that he does not feel that single family residential areas are a place for mini storages. He indicated that he felt this item should be tabled and researched as to whether or not this facility belongs in a single family area. Mayor Tralle indicated that the City has existing mini storages in R-4 areas at the present time. The property in question abuts an R-4 zone and Mayor Tralle further stated he does not feel that the City made a mistake in allowing mini storages in a residential area. Councilmember Holmgren stated that he will support the motion but indicated that he has reservations about striking item #1 which requires fencing. He indicated that he felt fencing is a benefit of the property owner as it affects the owner's property. e COUNCILMlMBER HOLMGREN MOVED TO ADD AN ITEM #15 TO THE MOTION STATING THAT A TWO YEAR REVIEW OF THE CONDITIONAL USE PERMIT IS REQUIRED. THIS WAS ACClP'1'ABLE TO COUNCILMEMBER DOBEL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHULDT VOTED AGAINST THE MOTION. Page 9 City Council Minutes June 19. 1989 e 6.2 Site Plan Review for Hagen's County Market Mr. John Bakke. representing Hagen's County Market. Hagen's Conunty Market had previously received approval their facility. however. the site plan has been revised is before the Council once again. indicated that for expansion of and therefore he Steve Rohlf. Building and Zoning Administrator. reviewed the concerns listed in his memo to the Mayor & City Council dated June 13. 1989. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE REVI SED SITE PLAN FOR HAGEN'S COUNTY MARKET WITH THE FOLLOWING STIPULATIONS: 1. THAT A TWENTY FOOT OR MORE FIRE LANE I S MAINTAINED AROUND THE PROPOSED ADDITION APPROPRIATELY MARKED WITH SIGNAGE. 2. THAT A HYDRANT IS ADDED BETWEEN COUNTY MARKET AND HIGHWAY 169 IN A LOCATION AS PER RUSS ANDERSON. ALSO. THAT THE EXI STING HYDRANT TOWARDS THE SOUTH END OF THE SHOPPING CENTER IS EXTENDED IN HEIGHT WITH A FLAG TO MARK ITS LOCATION. 3. THAT THE TURNING RADIUS TO THE NORTH OF THE LOADING DOCK ON THE SITE BE A MINIMUM OF 50 FEET. 4. THAT THE DEVELOPER CITY ENGINEER. FOR DRIVE. CURB. WATER. HAS FINAL APPROVAL ISSUANCE. PROVIDE THE NECESSARY DETAILS TO TERRY MAURER. THE NEW LOCATION OF THE FIRE HYDRANT. PROPOSED SEWER AND STORM DRAINAGE; AND THAT MR. MAURER OF THESE DETAILS PRIOR TO BUILDING PERMIT e 5. THAT THE LIGHTING FOR THE PROPOSED ADDITION NOT INTERFERE WITH ADJACENT RIGHT-OF-WAY. 6. THAT THE LANDSCAPE AREA BE SODDED WITH TREES LOCATED IN IT. 7. THAT THE CAN DISPENSER LOCATION IS APPROVED BY STAFF. 8. THAT THE REVISED SITE PLAN WILL GO TO THE PLANNING COMMISSION FOR REVIEW AND IF THERE ARE NO MAJOR CONCERNS FROM THE PLANNING COMMISSION. THEIR SITE PLAN WILL NOT HAVE TO GO BACK TO THE COUNCIL FOR APPROVAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3 Consider Variance Mike Trunnell/P.H. e Steve Bjork. Zoning Assistant. indicated that Mike Trunnell is requesting a variance for a 20 foot encroachment on the 30 foot minimum front yard setback. He stated that the request is to accommodate an attached residential garage located at 18565 Simonet Drive. Planning Commission representative Mary Eberley indicated that after review of the request. the Planning Commission recommended denial with a 5-2 vote. Mayor Tralle reviewed the findings of fact for the variance at this time. Page 10 City Council Minutes June 19. 1989 e Mr. Trunnell indicated that he and his wife both work and need two vehicles. He indicated that they would like to keep both vehicles inside the garage for personal safety and safety of others and also because of the hazard and inconvenience due to ice and snow in the winter. Mr. Trunnell further indicated that there is a hardship due to the location of his lot on a cul-de-sac and because he has the shallowest lot in the neighborhood. He indicated he had no negative reactions from the neighbors regarding the variance. Mayor Tralle opened the public hearing at this time. There being no comments for or against the matter. Mayor Tralle closed the public hearing. Councilmember Schuldt indicated that Mr. Trunnell does have a hardship because he lives on a cul-de-sac and he is restricted due to the shape of his lot and also the fact that he is on a lake is another hardship. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE FOR A 20 FOOT ENCROACHMENT ON THE 30 FOOT MINIMUM FRONT YARD SETBACK REQUESTED BY MIKE TRUNNELL OF 18565 SIMONET DRIVE BASED ON THE FACT THAT MR. TRUNNELL MEETS THE FIVE CONDITIONS REQUIRED FOR A VARIANCE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 6.4 Consider Preliminary Plat Chris Bulow/P.H. Steve Rohlf. Building and Zoning Administrator. indicated Bulow is requesting a preliminary plat approval of the plat of which consists of four one + acre lots. Bob Morton. Commission representative. indicated that the Planning reviewed the preliminary plat and recommended approval stipulations. that Chris Oak Hollow Planning Commission with twelve 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 APPROVE THE PRELIMINARY PLAT REVIEW OF OAK HOLLOW PLAT BY CHRIS BULOW WITH THE FOLLOWING STIPULATIONS: 1. THAT $1.050 IN PARK DEDICATION FEES BE DEDICATED TO THE CITY FOR THE ADDITIONAL THREE SITES THAT WOULD BE CREATED. 2. THAT TERRY MAURER. CITY ENGINEER. ESTIMATE THE AMOUNI' OF THE FIRST SEAL COATING AND THAT FEE IS PAID PRIOR TO THE COUNCIL ACTING ON FINAL PLAT. 3. THAT THE DEVELOPER REIMBURSE THE CITY FOR ENGINEERING. LEGAL AND STAFF TIME FOR REVIEWING THIS PLAT PRIOR TO FINAL PLAT APPROVAL BY THE CITY COUNCIL. e 4. THAT A $13.500 LETTER OF INSTALLED IS PROVIDED BY RECORDING THIS PLAT. CREDIT ASSURING THE IMPROVEMENTS BEING THE DEVELOPER TO THE CITY PRIOR TO Page 11 City Council Minutes June 19. 1989 e 5. THAT THE DEVELOPER HAS A ONE YEAR COMPLETION DATE FROM THE DATE OF FINAL PLAT APPROVAL BY THE COUNCIL TO COMPLETE IMPROVEMENTS IN THE PLAT. 6. THAT AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY. A WARRANTY BOND IS ESTABLISHED FOR A ONE YEAR PERIOD. IN THE AMOUNl' OF 25% OF THE LETTER OF CREDITAMOUNl'. 7. THAT AN ACCEPTABLE OVERLAY IS PROVIDED AND KEPT ON FILE AT CITY HALL AND THAT THE EXI STANCE OF SUCH AN . OVERLAY I S RECORDED ON THE INDIVIDUAL LOTS. 8. THAT THE DEVELOPER ENTER INTO A DEVELOPERS AGREEMENT PRIOR TO THE PLAT BEING RECORDED. 9. THAT THE FINAL APPROVAL OF THE REVISED PLANS AND SPECS INVOLVED WITH THIS PLAT IS BY TERRY MAURER. CITY ENGINEER. ALSO. THAT THE REVISED GRADING AND DRAINAGE REFLECTS A MAXIMUM OF 5 TO 1 SLOPE FOR THE DRAINAGE EASEMENT AND THE PROPERTY FROM THE STREET TO THE HOUSE SITES DRAIN TOWARD THE STREET. 10. THAT THE FRONTAGE ON LOT 4 BE ADJUSTED TO MEET THE MINIMUM 160 FT. WIDTH. e 11. THAT 10 FT. DRAINAGE AND UTILITY EASEMENTS BE ESTABLISHED ON THE FRONT AND REAR LOT LINES OF THE LOTS IN THIS PLAT. AND 5 FT. DRAINAGE AND UTILITY EASEMENTS BE ESTABLISHED ON THE SIDE YARD LOT LINES. FURTHER. THAT A DRAINAGE EASEMENT IS ESTABLISHED AROUND THE HOLDING POND REQUIRED FOR THE DRAINAGE FROM THE PLAT. 12 . THAT STAFF APPROVE THE NUMBER AND LOCATION OF STREET LIGHTS AND STREET SIGNS IN THE PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5 Consider Vacation of Drainage Easement Eraj Ezati/P.H. Steve Rohlf. Building and Zoning Administrator indicated that Mr. Eraj Ezati is requesting to vacate a portion of the drainage easement on Lot 24. Block 7. Brentwood Subdivision. He stated that Mr. Ezati is planning to build a house on this lot and the design of his house and location he has chosen conflicts with an existing drainage easement on the lot. Mr. Rohlf indicated that there is a concern which was raised by neighbors regarding the levels at which the water rose in this drainage easement during this spring. Mayor Tral1e opened the public hearing. There being no one for or against the matter. Mayor Tralle closed the public hearing. e Page 12 City Council Minutes June 19, 1989 e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 89-44, A RESOLUTION FOR VACATING A PORTION OF A DRAINAGE EASEMENT LOCATED ON LOT 24, BLOCK 7, BRENTWOOD SUBDIVISION, REQUESTED BY ERAJ EZATI WITH THE STIPULATIONS THAT THE APPLICANT WAIVE HIS RIGHTS REGARDING CITY LIABILITY IN CASE OF WATER DAMAGE AND FURTHER THAT A STUDY BE MADE REGARDING THE LOWEST FLOOR ELEVATION AND THAT THIS ELEVATION BE ESTABLISHED PRIOR TO BUILDING PERMIT ISSUANCE. ALSO THAT MR. EZATI PROVE TO TERRY MAURER'S SATISFACTION THAT VACATING THIS PORTION OF THIS EASEMENT WILL NOT CAUSE DRAINAGE PROBLEMS IN THI S NEIGHBORHOOD. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6 Conditional Use Permit Jim Miller/P.R. Steve Bjork, Zoning Assistant, indicated that Mr. James Miller is requesting a conditional use permit to operate a truck terminal on Lot 2, Block 1, Avon Acres 4th Addition. Mary Eberley, Planning Commission representative, indicated that the Planning Commission reviewed the request and measured the recommendation against the standards required for a conditional use permit approval. She indicated that the Planning Commission recommended approval. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. ~ COUNCILMBMBER KROPUENSKE MOVED TO APPROVE A CONDITIONAL USE PERMIT BY JIM MILLER TO OPERATE A TRUCK TERMINAL IN A C-3 ZONE LOCATED ON LOT 2, BLOCK 1, AVON ACRES 4TH ADDITION WITH THE FOLLOWING STIPULATIONS: 1. ALL DRIVING SURFACES AND OFF STREET PARKING STALLS SHALL BE HARDSURFACED AND DUST FREE. 2. THE SITE SHALL PROVIDE FOR AT LEAST TRREE OFF STREET PARKING STALLS. THE STALLS SHALL BE PAVED AND STRIPED. 3. ALL AREAS USED FOR THE MANUEVERING OF TRUCKS SHALL BE SURFACED WITH CRUSHED BITUMINOUS. 4. THE SITE SHALL BE LIMITED TO A MAXIMUM OF FIVE EMPLOYEES. THE SITE SHALL ALSO HAVE NO MORE THAN FIVE TRUCKS AT ANY GIVEN TIME. 5 . THE PROPOSED DRIVEWAY SHALL INTERSECT THE FRONTAGE ROAD AT A 90 DEGREE ANGLE. 6. ALL OUTSIDE STORAGE SHALL BE LOCATED WITHIN A SCREENED AREA. 7. THE ON-SITE SEWAGE DISPOSAL SYSTEM SHALL HAVE BARRIERS INSTALLED AROUND THE PERIMETER TO PREVENT VEHICLES FROM DRIVING ACROSS TRIS AREA. e 8. ALL SURFACES NOT OCCUPIED BY BUILDING OR DRIVES BE SEEDED WITH AT LEAST GRASS. 9. THAT ANY FUTURE IMPROVEMENTS TO THI S SITE BE AS PER CITY CODE. Page 13 City Council Minutes June 19, 1989 e 10. THAT THE PROPOSED STRUCTURE COMPLY WITH ALL BUILDING CODES. 11. ALL HARDSURFACING BE INSTALLED WITHIN 60 DAYS AFTER THE APPROVAL OF THE CONDITIONAL USE PERMIT. 12. THE CONDITIONAL USE PERMIT BE SUBJECT TO A TWO YEAR REVIEW. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9 Variance Request by Lloyd Anderson/P.H. Steve Rohlf, Building and Zoning Administrator, indicated that Mr. Lloyd Anderson is requesting a variance for an encroachment of 60 feet on a 75 foot setback required from a general development water (Lake Orono) to adjacent structures for property described as Lot 8, Block 4, Westwood Subdivision. He indicated that the applicant is proposing to build a house on the property. Mary Eberley, Planning Commission representative, indicated that the Planning Commission reviewed the request and measured the request against the five standards required for a variance approval. She indicated that the Planning Commission recommended approval unanimously. e Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. The Council reviewed the five standards required for a variance. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE VARIANCE REQUEST BY LLOYD ANDERSON FOR A 60 FOOT ENCROACHMENT ON THE 75 FOOT SETBACK TO LAKE ORONO FOR LOT 8, BLOCK 4, WESTWOOD SUBDIVISION. BASED ON THE FINDINGS OF FACT STATED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED JUNE 13, 1989, AND FURTHER THAT APPROVAL IS BASED ON THE CONDITION THAT THE ENCROACHMENT IS FROM THE DITCH PORTION AND NOT THE MAIN BODY OF THE LAKE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11 Consider Variance Request Sherburne County/P.H. Steve Rohlf, Building and Zoning Administrator, indicated that the Sherburne County Highway Department is requesting a variance to allow a proposed garage to encroach 15.5 feet on the 50 foot front yard setback and a 30 foot encroachment on the 50 foot exterior side yard setback for a governmental facility. Mary Eberley, Planning Commission representative, indicated that the Planning Commission reviewed the matter and recommended approval based on the findings of fact stated in their minutes. Mayor Tralle opened the public hearing. There being no one for or ~ against the matter, Mayor Tralle closed the public hearing. Page 14 City Council Minutes June 19. 1989 e COUWCILMlMBER DOBEt MOVED TO APPROVE THE VARIANCE REQUEST BY THE SHERBURNE COUNTY HIGHWAY DEPARTMENT TO ALLOW A PROPOSED GARAGE TO ENCROACH 15.5 FEET ON THE 50 FOOT FRONT YARD SETBACK AND TO ALLOW A 30 FOOT ENCROACHMENT ON THE 50 FOOT EXTERIOR SIDE YARD SETBACK FOR A GOVERNMENTAL FACILITY BASED ON THE FINDINGS OF FACT LISTED IN THE MEMO FROM THE BUILDING AND ZONING ADMINSTRATOR TO THE MAYOR AND CITY COUNCIL DATED JUNE 13. 1989. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10 Consider Conditional Use Permit Sherburne County Highway Department/P.H. Steve Rohlf. Building and Zoning Administrator. indicated that Sherburne County Highway Department is requesting a conditional use permit to allow a governmental facility in a C-1 zone. He indicated that the public facility is the County Highway Department maintenance building and that it is located at 425 Jackson Avenue. Mary Eberley indicated that the Planning Commission reviewed the request and recommended approval with five stipulations. Mayor Tralle opened the public hearing. There being no one for or against the public hearing. Mayor Tralle closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY THE SHERBURNE COUNTY HIGHWAY DEPARTMENT TO CONSTRUCT A GOVERNMENTAL FACILITY IN A C-1 ZONE WITH THE FOLLOWING STIPULATIONS: 1. THAT THE VARIANCE REQUIRED TO LOCATE THE BUILDING AS PROPOSED IS GRANTED . 2. THAT THE AREA WEST OF THE BITUMINOUS SURFACE ON THE SITE MUST BE SEEDED WITH GRASS. THIS AREA CAN BE USED FOR STORAGE OF MATERIALS. 3. THAT A 4 FOOT AREA IN FRONT OF THE MAINTENANCE GARAGE IS LANDSCAPED WHERE IT DOES NOT INTERFERE WITH GARAGE DOORS. ETC. 4. THAT SIGNAGE IS AS PER CITY CODE. ;. THAT THIS CONDITIONAL USE PERMIT RECEIVE A TWO YEAR REVIEW FOR COMPLIANCE WITH THE CONDITIONS SET ON IT. 6. II STATE LAW REQUIRES THAT SALT STORAGE BE IN AN ENCLOSED BUILDING THE COUNTY NEED NOT AMEND THEIR CONDITIONAL USE PERMIT TO BUILDING AN ACCESSORY STRUCTURE TO. ACCOMODATE THIS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12 Consider Ordinance Amendment for Maximum Slope on Driveways/P.H. e Steve Bj ork. Zoning Assistant. indicated that the Planning Commission has recommended that staff develop an ordinance amendment limiting the maximum slope for driveways. He indicated that this ordinance amendment was brought about due mainly to the excessive slopes of some driveways in Deerfield III. Page 15 City Council Minutes June 19, 1989 e Bob Morton indicated that the Planning Commission recommended approval of this ordinance amendment. 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 ADOPT ORDINANCE 89-11, AN ORDINANCE AMlNDING SECTION 900.20 GENERAL REGULATIONS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.. 6.7 & 6.8 COUNCILMEMBER KROUPUENSKE MOVED TO CONTINUE THE PUBLIC HEARING FOR ITEMS 6.7 & 6.8 DUE TO THE APPLI CANT NOT BEING PRESENT . COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Tim Smith, applicant for item 6.7 & 6.8 arrived at this time. COUNCILMEMBER KROPUENSKE MOVED TO WITHDRAW HIS MOTION UGARDING THE CONTINUING OF ITEMS 6.7 & 6.8. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7 Variance Request by Tim Smith/P.R. e Steve Bjork, Zoning Assistant, indicated that Mr. Tim Smith is requesting a 48 foot encroachment on the 160 foot minimum frontage requirement for property located in an R1b zone. Mary Eberley, Planning Commission representative, indicated that the Planning Commission reviewed the request and recommended denial due to the fact that the variance did not cause undue hardship to the applicant. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Mayor Tralle indicated that he felt the applicant was basing his need for a variance on economic hardship as he was trying to get as many lots as possible out of the land. Mr. Smith indicated that he is purchasing the property from Mr. Robert Thompson and indicated that if Mr. Thompson had divided the land in 1983 or 1984, the requirement of 160 foot minimum frontage would not have applied and therefore, he would not have needed a variance. Re stated that the variance is needed due to the City changing the rules. Councilmember Kropuenske indicated that the Council operates under current conditions and the time element had no bearing on the variance. COUNCILMEMBER SCHULDT MOVED TO DENY THE VARIANCE REQUEST BY TIM SMITH FOR A 48 FOOT ENCROACHMENT ON THE 160 FOOT MINIMUM FRONTAGE REQUIREMENT BASED ON THE PLANNING COMMISSION'S FINDING OF FACT LISTED IN THE MEMO TO MAYOR AND CITY COUNCIL FROM STEVE BJORK, ZONING ASSISTANT. DATED JUNE 19. 1989. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIKD e 5-0. e e e Page 16 City Council Minutes June 19. 1989 6.8 Administrative Subdivision Request Tim Smith/P.H. Mayor Tralle indicated that this item was not relevant as the variance was denied. Tim Smith stated that he would like a chance to resubmit a revised survey to the Council for their consideration regarding the administrative subdivision. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION REQUEST BY TIM SMITH TO THE JULY 17. 1989. CITY COUNCIL MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY AT 7:00 P.M. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1 Refuse or Garbage Collector Fee Mayor Tralle indicated that the City is proposing enforcing its existing ordinance and proposing a license and fee for refuse and garbage collector vehicles operating within the City of Elk River. The City Administrator indicated that the fee collected from the license requirement will provide funding for road and street repairs that are needed because of garbage haulers operating during the spring weight restriction period. The City Administrator further indicated that there will be a potential for a street signal at 165th Avenue. Mayor Tralle questioned what type of enforcement the City would use. Councilmember Holmgren indicated that this license fee will be passed on to the residents through the garbage haulers. Chris Kreger. Elk River Landfill owner and operator. indicated that the garbage haulers were not present this evening because they were not aware of what the City is proposing and therefore. they could not defend themselves. He indicated that the City should make some effort to contact the garbage haulers regarding the proposed license fee. and that he would like a copy of any further corespondence which deals with this matter in the future. Chris Kreger also informed the Council that there already are taxes in place to help the City recover tax revenues. It was the consensus of the Council to take no action on this matter at this time but to have the City Attorney further investigate the possibility of the City collecting a refuse and garbage collector fee from garbage and refuse haulers operating within the City limits of Elk River. 8. Check Register COUNCILMEMBER DOBEt MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5.....0. 9. Administrator Update The City Administrator informed the Council that the Park and Recreation Commission will be holding interviews with four firms regarding the Park Master Plan on July 12. 1989. The City Administrator informed the Council that there will be no Council meeting on July 3. as per Council consensus. e e e Page 17 City Council Minutes June 19. 1989 COUNCILMEMBER HOLMGREN MOVED TO CALL A MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY AND CITY COUNCIL ON JULY 10. DUE TO THE COUNCIL MEETING NOT BEING HELD ON JULY 3. . COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that the Building Official and the Economic Development Coordinator have applied to the Volunteer Fire Department. The City Administrator indicated that he had a resolution to present before the Council from the Economic. Development Coordinator in relation to selling the A11too1 loan. COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-44. A RESOLUTION APPROVING THE QUALIFIED SELLER AGREEMENT WITH THE COMMUNITY REINVESTMENT FUND. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that Phil Hals is requesting an additional part time worker. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE HIRING OF A PART TIME EMPLOYEE FOR THE STREET DEPARTMENT TO WORK SIX TO SEVEN WEEKS AT $4.00 PlR HOUR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator updated the Council on the progress of the Street Garage expansion in conjunction with the School District. He indicated that the Street Superintendent would like to start working with the architect on the building. It was the consensus of the Council to allow the City to spend money for the architect to start work on the public works facility. 10. Adj ournment There being no further business. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 11:55 p.m. Respectfully submitted, ja1totJ ::ih~~Ia{OJV (jJ) Sandy Thackeray Deputy City Clerk