Loading...
07-17-1989 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, JULY 17. 1989 MEMBERS PRESENT: Mayor Tralle. Councilmember Schuldt. Kropuenske, and Dobel MEMBERS ABSENT: Councilmember Holmgren STAFF PRESENT: Tim Keane. City Attorney; Patrick Klaers. City Administrator; Sandy Thackeray. Deputy City Clerk; Steve Bjork, Zoning Assistant; Stephen Rohlf, Building and Zoning Administrator; Philip Hals. Street/Park Superintendent 1. 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 7/17/89 City Council Agenda The following items were added to the agenda: 9.9. 9.10. 10.4. e 10.5 . 11.5. 11.6. Review of RFP for PUD Review of Billboard Ordinance Ordinance Considering Workmans Comprehensive Coverage for Elected Officials City Administrator Update Check Register Councilmember Kropuenske Float Discussion COUNCILMEMBER DOBEL MOVED TO APPROVE THE 7/17/89 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 7/10/89 City Council Minutes The following corrections were made to the City Council minutes: 1. 2. 3. 4. 5. e Page 3. Item 7 The first sentence in the second to the last paragraph should read as follows, "Mayor Tral1e questioned the differences between the two proposals received from Blue Cross and Blue Shield." Page 4. Item 8.3 - The second paragraph should read "Councilmember Schuldt." Page 5, The first paragraph, Mayor Schuldt should read "Councilmember Schuldt." Page 5. Item 8.3 The date for accepting applications for Personnel Coordinator should read "July 28. 1989." Page 5, Item 8.3 - Councilmember Schuldt indicated that although he voted for the motion. he did not clearly understand at the time that the same ad would be used for the Personnel Coordinator to readvertise in the Star and Tribune. He indicated that although the motion has already been made and voted upon. he would like it stated in the July 17, 1989. minutes that he would have voted against the motion. IE!:- Page 2 City Council Minutes July 17. 1989 e 6. Page 5. Item 8.4 - Mayor Tralle indicated that he would like the following sentence added before the motion. "Mayor Tralle requested that the issue be returned to the City Council before the Economic Development Coordinator signs any of the documents." 4. Open Mike Cliff Martineau of 1429 5th Street approached the Council and stated that he has been before the Council regarding the street located from 5th Street to Highway 10. He indicated that this street is a dirt road and in actuality is not considered a street. He indicated that six weeks ago when he approached the Council about this item he was told that the matter would be taken care of. Philip Hals. Street Superintendent. indicated that he is aware of the situation and that it will taken care of. 5. Consider Sealcoat and Overlay Bids Mayor Tralle indicated that the bids were opened at City Hall for overlay and sealcoat projects within the City of Elk River. Phil Hals. Street Superintendent. indicated that $40.000 has been budgeted for overlays and $25.000 for sealcoating. e COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE LOW OVERLAY BID FROM OMANN BROTHERS AT $21.241 AND ALSO TO ACCEPT THE LOW SEAL COAT BID FROM ASTECH CORPORATION AT $20.818.08 AND FURTHER THAT AN ADDITIONAL ROAD BE INCLUDED IN THE OVERLAY PROJECT AND THAT ROAD BE 209TH AVENUE FROM MEADOWVALE ROAD TO THE BIG LAKE TOWNSHIP LINE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Consider Fire Station Expansion Bids Mayor Tralle indicated that the bids were opened for the Fire Station expansion. He further indicated that the staff had requested that the project be bid both separately and as a package deal in conjunction with the County garage. The Council reviewed the bids at this time. The apparent low bidder for the City Fire Station expansion alone was Great River Construction at $288.576. The apparent low bidder for the Fire Station expansion in conjunction with the County garage was Lau Construction at $286.590. Curt Lau of Lau Construction requested that the City not make a decision until the County has had a chance to vote on the bids received for their proj ect. e COUNCILMEMBER KROPUENSKE MOVED TO ACCEPT THE LOW BID OF GREAT RIVER CONSTRUCTION AT $288.576 FOR THE CONSTRUCTION OF THE FIRE STATION ADDITION. COUNCILMEMBER DOBEL SECONDED THE MOTION. The City Administrator indicated that one of the factors for the staff and Fire Department recommending Great River Construction was that they had indicated that they would complete the project within 90 days. whereas. Lau Construction indicated that it would 120 days. THE MOTION CARRIED 4-0. Page 3 City Council Minutes July 17. 1989 e 7. Consider Transient Merchant License for David McClure Mayor Tralle indicated that David McClure has made application for a transient merchant license to sell educational books by going door-to- door within the City limits of Elk River. Mr. McClure was present and indicated that the type of books he was selling consisted of educational books. Councilmember Schuldt indicated that the general public is opinion regarding transient merchants going door-to-door was that they were very much opposed to this type of sale. Therefore. he would be against the request. He indicated further that homeowners considered this type of sale to be a nuisance. Tim Keane. City Attorney. indicated that door-to-door sales do fall within the definition of the City's transient merchant ordinance. He further stated that the license requirements and application requirements assure the integrity of the applicant. e COUNCILMEMBER DOBEL MOVED TO DENY THE TRANSIENT MERCHANT LICENSE REQUESTED BY DAVID MCCLURE. EMPLOYED BY THE SOUTHWESTERN COMPANY. TO SELL EDUCATIONAL BOOKS DOOR-TO-DOOR WITHIN THE CITY LIMITS OF ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-1. Mayor Tralle indicated that he voted against the motion due to the fact that the applicant met the stipulations within the City's ordinance. 8. Consider Temporary Liquor License for Elk River Lion's Club Mayor Tralle indicated that Mr. John behalf of the City of Elk River Lion's Non-Intoxicating Malt Liquor License. to sell non-intoxicating Malt Liquor at July 20 through July 23. 1989. Weicht has made application on Club for a temporay 3.2 Off-Sale He indicated that the request is the Sherburne County Fair during COUNCILMEMBER SCHULDT MOVED MALT LIQUOR LICENSE FOR THE KROPUENSKE SECONDED THE MOTION. TO APPROVE THE TEMPORARY NON-INTOXICATING ELK RIVER LIONS CLUB. COUNCILMEMBER THE MOTION CARRIED 4-0. 9.1. Administrative Subdivision Request by Tim Smith/Public Hearing COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY TIM SMITH UNTIL AUGUST 21. 1989. TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY AS REQUESTED . BY THE APPLICANT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.2 Zone Change by Faith Fellowship Church/Public Hearing e Mayor Tralle indicated that Faith Fellowship Church is requesting a zone change from a PUD to a combination of zoning classifications. Steve Bjork. Zoning Assistant stated that staff believes there was error made when the parcel in question was originally zoned as a PUD. He stated that the parcel is five acres in size and in order to be classified as a PUD. there must be 20 acres of land. e e e Page 4 City Council Minutes July 17. 1989 Steve Bjork indicated that since an error has been made in the zoning of the parcel. it is appropriate that a different zoning classification be designated. He indicated that the land use map shows the parcel being at the intersection of highway business. medium density residential. and high density residential land use classifications. He further indicated that the applicant is requesting a C-3 highway commercial zoning for this parcel. Bob Morton. Planning Commission representative. indicated that the Planning Commission voted to deny the C-3 zone request for the entire parcel. He indicated. however. that it was the consensus of the Planning Commission that a commercial zoning classification may be appropriate for the western portion of the lot. and that a residental classification may be appropriate for the eastern portion of the parcel. Steve Bjork. Zoning Assistant reviewed with the Council the allowed uses for the C-2 and C-3 zoning at this time. He also reviewed with the Council the differences between the uses in R-2b zoning. R-3 and R-4. Mayor Tralle opened the public hearing. Rick Dugan. Route 3. Zimmerman. Minnesota - Mr. Dugan indicated that he is the Chairman of Faith Fellowship Church. Mr. Dugan indicated that the church is requesting a C-3 zoning for the entire area. however. they would be willing to compromise by splitting the area into two zoning classifications. Mr. Dugan further stated he felt that there would be increased traffic in the area whether the church remained or whether the property was and rezoned it to C-3. because the church would continue to grow and would create more traffic. He also indicated that the immediate areas to the west of them were already zoned commercial prior to the church moving into the area. Mary Miller of 540C Auburn - Ms. Miller indicated that her property is almost surrounded on three sides by single-family or multiple-family dwellings and would not like to see commercial in the area. Adelyne Neiss of 520C Auburn indicated that none of the streets in the area are designed for high traffic or commercial use. Mr. and Mrs. Carl Benson of 540A Auburn questioned how wide the street would be on the west side. Lyman Marshall. 379 Baldwin Avenue. indicated that he owned an apartment building in the area. Mr. Marshall indicated that a commercial zone would be a radical change from a church in the area and that he would prefer that the area remain as it is. Carl Miller. 708 Auburn. Mr. Miller indicated his concerns regarding the increase in traffic and where the entrances would be on Dodge Avenue. Greg Post rick. County dwellings increase the church is proposing. Road #33. indicated that he felt that apartment traffic in the area as much or more than what the Page 5 City Council Minutes July 17, 1989 e ~y with west more would Collenhauser, 542C Auburn, indicated that he is not uncomfortable the split zoning. However, he would rather see a C-2 zoning on the side towards Highway 169, rather than a C-3 because C-2 zonings are 8:00 to 5:00 businesses and C-3 zoning would have businesses that be possibly operating during the later evening hours. Pastor Bunker, of Faith Fellowship Church, indicated that not everything north of the church is residential and that there is other commercial business in the area. Lorraine Miller. be adequate and these lines. 540C Auburn, questioned whether the sewer system would if more lines are required, who would be assessed for The Building and Zoning Administrator indicated that the sewer system would be adequate to handle the rezoning to commercial. Joe Clem of Landers Street indicated that he did not feel the rezoning would increase the traffic on Dodge Avenue. Mrs. Carl Benson. 540A Auburn. indicated that the surrounding property values may change depending on what businesses are brought into the area. e Mr. Don Ruprecht of Ramsey, Minnesota, indicated that the church is willing to compromise on a split zoning of the area. However, a C-3 zoning is detrimental to the church as it allows them more flexibility in the sale of the property. Mr. Joe Clem on Landers Street indicated that a precedent is already set on Dodge Avenue. There being no further comments from the public. Mayor Tralle closed the public hearing. The Council discussed the possible zoning of the eastern half of the property. Zoning Assistant. Steve Bjork, read the statement of purposes to the Council for R-2b and R-3 zoning. After discussion of this eastern area. it was the consensus of the Council that an R-2b zoning would be more favorable over an R-3 zoning. The Council then discussed the rezoning of the western area of the property into C-2 versus C-3. Zoning Assistant. Steve Bjork, read the statement of purposes for both C-2 and C-3 zoning to the Council. Councilmember Schuldt indicated that he would like to see the area zoned 0-2 for safety reasons. Councilmember Kropuenske indicated that C-3 would be consistent with what is already in the area along Dodge Avenue and if a C-2 zoning were enforced, he felt that the property owners would be penalized. e Mayor Tralle indicated that he felt the same as Councilmember Kropuenske in that a C-3 zoning would be consistent with what is presently in the area. Page 6 City Council Minutes July 17. 1989 e COUNCILMBMBER KROPUENSKE MOVED TO ZONE CHANGE THE WESTERN AREA OF THE PARCEL OF PROPERTY IN QUESTION TO C-3 ZONING AND THE EASTERN AREA TO R-2B ZONING. Legal Consultant. Tim Keane. requested that before the motion is actually voted upon or a decision is made. that the applicant return to the Council with a description of the eastern and western area of the property. Mayor Tralle indicated that possibly an administrative subdivision of the property would be appropriate prior to the rezoning. Mayor Tralle indicated that he would like to give the public a consensus of the Council direction if no motion was going to be made at this meeting. Councilmember Schuldt indicated that he would be in favor of a C-2 zoning. Councilmember Dobel indicated that he felt that C-2 zoning would be more appropriate. although he would not be against a C-3 zoning along Dodge Avenue. It was the Council consensus to zone the western half of the property along Dodge Avenue C-3. and the eastern half of the property along Auburn R-2b. The City Administrator indicated that there was no guarantee regarding the outcome of this matter at this time as one Councilmember is absent at this meeting. Councilmember Kropuenske withdrew his previous motion. e COUNCILMEMBER KROPUENSKE MOVED 1989. CITY COUNCIL MEETING TO PUBLIC LIBRARY. COUNCILMEMBER CARRIED 4-0. TO TABLE THIS ITEM UNTIL THE AUGUST 7. BE HELD AT 7: 00 P. M. AT THE ELK RIVER DOBEL SECONDED THE MOTION. THE MOTION 9.3. Conditional Use Permit Request by Faith Fellowship/Public Hearing Steve Bjork. Zoning Assistant. indicated that Faith Fellowship Church is requesting a conditional use permit to construct a church in an R-1a zone. He indicated that the site will be serviced by private utilities. Rita Johnson. Planning Commission representative. indicated that the Planning Commission recommended approval of the request with certain stipulations listed in the Zoning Assistant's memo dated July 17. 1989. Mayor Tralle opened the public hearing. Rich Duggin. Chairman of the Church. indicated that there have been no changes to the request since the Planning Commission meeting. e Jim Peterson. 11460 205th Avenue. indicated that he was the adjoining property owner to the north. He indicated that he had no objections to the church. but that he did have some objections to the site plan. He stated that drainage is a concern as a lot of the land drains onto his property. Mayor Tralle explained that this consideration would be taken into account when the drainage plan is reviewed by the City's Engineer. Mr. Peterson further indicated that noise would be a concern. He indicated that he does not want the natural noise barrier altered and further indicated that his main concern was privacy. He indicated that topography of the land would allow the church to look down onto his backyard. Mr. Duggin indicated that the church would consider moving their building to the south. further away from Mr. Peterson's property. Page 7 Ciyt Council Minutes July 17, 1989 e Arlon Fuchs, Planning Commission Representative, indicated that this matter was submitted and approved with recommendations by the Planning Commission. He indicated that he does not feel that the Council should vote on the matter if there are going to be alterations to the conditions and site plan until the Planning Commission has a chance to review the altered site plan. David Bradford of 20322 Auburn indicated that he would like to know where the church is going to be located and where the parking lot is going to be located. He indcated that he has a concern regarding privacy. Mr. Don Ortez of 20338 Auburn indicated that privacy is also a concern of his and further that he is concerned about the future development and location of the church. Mr. the the also Greg Posterick of 11382 205th Avenue indicated that he is in favor of request because he believes that the church will do what is best for neighborhood. He indicated that he is a member of the church and a resident of the neighborhood. COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE ISSUE UNTIL A NEW SITE PLAN CAN BE SUBMITTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. e After further discussion regarding the Planning Commission reviewing the revised site plan. Councilmember Kropuenske withdrew his motion and this was acceptable to Councilmember Dobel. COUNCILMEMBER KROPUENSKE MOVED TO REFER THE CONDITIONAL USE PERMIT REQUESTED BY FAITH FELLOWSHIP CHURCH, CASE /1 CU-89-012, BACK TO THE PLANNING COMMISSION FOR REVIEW OF THE PROPOSED SITE PLAN CHANGES TO BE HELD ON AUGUST 22, 1989, AT THE ELK RIVER LIBRARY AND FURTHER THAT THE MATTER BE READVERTISED AND THE PUBLIC BE RENOTICED. COUNCILMEMBER DOBEt SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.4 Conditional Use Permit Request by Car Heaven/P.H. Mayor Tralle indicated that Car Heaven Repairables is requesting a conditional use permit for used car sales in a C-3/Highway Commercial zone. Steve Bjork. Zoning Assistant, indicated that the applicant is requesting to operate a business of wholesaling repairable cars. He indicated that generally these cars are not operational and further that the operation is considered a grandfathered-in business. Steve Bjork. Zoning Assistant. indicated that the applicant is requesting that the bituminous surface not be a requirement by the Council because the cars that are generally brought into the site are inoperable and are moved by a tractor pulling them. He further indicated that the applicant is concerned that the tractor would rip up the bituminous surfacing. e Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Kropuenske stated becoming another used car sales lot that if this is the case he feels and require bituminous surfacing of that this does have the potential of within the City limits. He indicated that the Council should be consistent the area. Page 8 City Council Minutes July 17. 1989 e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY CAR HEAVEN REPARIABLES TO ALLOW A USED CAR SALES LOT LOCATED AT 9724 HIGHWAY 10 WITH THE FOLLOWING CONDITIONS: 1. ALL STRUCTURES SHALL MEET BUILDING CODE. 2. ALL OUTDOOR STORAGE SHALL BE ENCLOSED AND MAINTAINED IN THE REAR OF THE BUILDING. 3. VEHICLE STORAGE ADJACENT TO HIGHWAY 10 SHALL BE KEPT AT A MINIMUM. THE FRONT PORTION OF VEHICLES SHALL BE DIRECTED AWAY FROM HIGHWAY 10. 4. THE BACKING UP OF VEHICLES SHALL BE KEPT TO A MINIMUM ALONG THE 66 FOOT ROAD EASEMENT. NO BACKING OF VEHICLES SHALL BE PERMITTED ONTO CLEVELAND STREET. S. NO WASHING OR DEGREASING OF VEHICLES SHALL BE ALLOWED OUTSIDE. ALL WASH WATER MUST BE TREATED BY AN APPROVED SEWAGE DISPOSAL SYSTEM. 6. THE APPLICANT SHALL INSTALL A SEWAGE DISPOSAL SYSTEM THAT MEETS CITY CODE. 7. THE SITE SHALL MAINTAIN FIRE LANES ON ALL SIDES OF THE BUILDING. e 8. NO PAlUCING OF VEHICLES SHALL BE PERMITTED ON ANY GREEN SPACE. 9. BARRIERS SHALL BE INSTALLED TO PREVENT VEHICLES FROM DRIVING ACROSS THE SEWAGE DISPOSAL SYSTEM. 10. REMOVE THE EXISTING WOOD FENCE ON THE SOUTH PROPERTY LINE. 11. SURFACING OF THE VEHICLE STORAGE AREA SHALL BE WITH CRUSHED BITUMINOUS UNITt SUCH TIME THAT THE BUSINESS GOES FROM SELLING INOPERABLE VEHICLES TO OPERABLE VEHICLES. THEN THE SURFACE SHALL BE BITUMINOUS. 12. THE FINAL DRAINAGE PLAN FOR THE SITE SHALL BE APPROVED BY THE CITY ENGINEER. 13. THE CONDITIONAL USE PERMIT SHALL BE SUBJECT TO A TWO YEAR REVIEW. (0791) 14. ESTABLISH AND MAINTAIN TO AS GREAT A DEGREE AS POSSIBLE ALL GREEN SPACE AND THE NATURAL ENVIRONMENT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.5 Easement Vacation by Woodwright Homes/P.H. e Steve Rohlf. Building and Zoning Adminstrator. indicated that a portion of drainage and utility easement be vacated. He indicated that the location is Lot 4. Block 2. Meadowvale Woods. Mr. Rohlf further indicated that the reason for the request is that a home was Page 9 City Council Minutes July 17. 1989 e inadvertantly placed on the easement. The site has been reviewed by Terry Maurer. City Engineer. and he did not feel that the vacation would cause a restriction of drainage flow in the plat. Steven Pullar of 20343 Meadowvale Road indicated that his land was adjacent to the property in question. Mr. Pullar questioned whether the vacation of the easement would in some way or other affect his property. Steve Rohlf. Building and Zoning Administrator. indicated that he was confident that the easement vacation would not affect Mr. Pullar's property or any other property in the area. Mr. Rohlf further indicated that the property in question was higher than the surrounding property. therefore. the property located on the lower ground would flood before the property located on the higher ground. Terry Elliot of 14051 Victoria Lane phoned City Hall to indicate that he was not opposed to the easement vacation if the drainage for his property was not affected. There being no further questions or comments regarding the public hearing. Mayor Tralle closed the public hearing. e COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 89-48. A RESOLUTION FOR VACATING AN EASEMENT FOR ROADWAY AND UTILITY PURPOSES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION 3-0-1. Councilmember Kropuenske abstained due to the fact that he was the loan officer of record on the mortgage for the property. 9.6 Easement Vacation by Gerald Smith/P.R. Steve Rohlf. Building and Zoning Administrator. indicated that Elk River Development Corporation is requesting the vacation of an easement for roadway and utility purposes in Outlot B of Deerfield III Addition. He stated that the easement was dedicated to the City over the west 66 feet of Outlot B. Re indicated that the City requested this easement as part of the platting of Deerfield III to assure a north/south street in this area for proper traffic flow and also to assure a location for extending sewer and water to the north. Mr. Rohlf stated that with the platting of Outlot B into Deerfiel IV Addition. two new streets running north and south were established. therefore eliminating the need for the easement. Mayor Tralle opened the public hearing. Bill Scherrier of 4206 Woodbine Lane. Brooklyn Center. indicated that he owned the property west of the property in question. Mr. Scherrier questioned whether this vacated easement (road) was the road that would eventually go through his property to service his property in the future. Steve Rohlf property and indicated that this easement vacation would not affect his that there was a service road planned further to the west. e Jim Reiners of 11393 192nd Avenue NW indicated that his concern in Deerfield III was the traffic from this easement and the other roads that will tap into 192nd will create. He stated he would like to see stop signs or some other type of traffic control in this area. Mayor Tralle requested that the Chief of Police look at these locations and that stop signs be recommended. The City Administrator indicated that stop signs will be put in this area. Page 10 City Council Minutes July 17, 1989 e Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 89-49. A RESOLUTION FOR VACATING AN EASEMENT FOR ROADWAY AND UTILITY PURPOSES WITH THE STIPULATION THAT THE EASEMENT IS VACATED UPON THE RECORDING OF THE PLAT OF DEERFIELD IV ESTABLISHING THE NEW ROAD RIGHT-OF-WAYS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9.7 Private Road by Gene Vassar Steve Rohlf, Building and Zoning Administrator, indicated that Jeff Vassar, son of recently deceased Gene Vassar, was requesting a private road. He stated that Jeff's mother, Fran, is interested in splitting the property. He indicated that the lot split proposed would meet all City ordinances and all DNR regulations except for being accessed by a city street. He stated that the request before the Council is not a lot split but to consider the possibility of accessing these lots from a private road. He further indicated that he felt this was a unique situation and therefore possibly warranted a private road approval by the Council. e The Council reviewed the four standards to consider when reviewing private road requests. Councilmember Dobel indicated that he felt it was a unique situation and that there was no way that the City would want to make this a city street. Mayor Tralle also indicated that the uniqueness of the situation would allow a private road in this area. COUNCILMEMBER DOBEL MOVED TO APPROVE A PRIVATE ROAD REQUESTED BY JEFF VASSAR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4- o. 9.8 Final Plat Review of the Plat of Oak Hollow by Chris Bulow Steve Rohlf, Building and Zoning Administrator, indicated that Chris Bulow is proposing a four lot plat served by private septic system and wells located within an R-lb area. COUNCILMEMBER DOBEL MOVED TO APPROVE THE FINAL PLAT OF OAK HOLLOW WITH THE FOLLOWING STIPULATIONS: 1. THAT THE REVI SED DRAINAGE PLAN BE APPROVED BY TERRY MAURER, CITY ENGINEER. FURTHER, THAT THE DRAINAGE PLAN REFLECT DRAINAGE FROM THE HOUSE SITES TO THE STREET FLOW TOWARD THE STREET. ALSO, THAT A SEPARATE EASEMENT FOR THAT PART OF THE HOLDING POND THAT IS NOT WITHIN THE PLAT BE RECORDED SIMULTANEOUSLY WITH THE PLAT. LASTLY. THAT THE MAXIMUM SLOPE OF THE HOLDING POND BE 5 TO 1. 2. THAT THE EXISTENCE OF THE PROPOSED FUTURE LOT SPLITS (THE OVERLAY) IS RECORDED ON THE INDIVIDUAL LOTS WITHIN THE PLAT. 3. THAT THE DEVELOPER PAY $1,050.00 IN PARK DEDICATION FEES FOR THE THREE ADDITIONAL BUILDING SITES CREATED. e 4. THAT THE DEVELOPER REIMBURSE THE CITY FOR ENGINEERING, LEGAL AND STArF TIME FOR REVIEWING THIS PLAT. Page 11 City Council Minutes July 17. 1989 e B: ~~~ A Ol~.~OO tETTll or CREDIT IS BSTABLISHED ASSURING THE IMPROVEMENTS ARE INSTALLED ACCORDING TO THE PLANS AND SPECS. 6. THAT TERRY MAURER HAVE FINAL APPROVAL OF THOSE PLANS AND SPECS FOR IMPROVEMENTS WITHIN THE PLAT. 7 . THE DEVELOPER HAS A ONE YEAR COMPLETION DATE FROM THE DATE OF FINAL PLAT APPROVAL BY THE COUNCIL TO COMPLETE THE IMPROVEMENTS IN THE PLAT. 8. THAT ArTBR THE IMPROVEMENTS ARE ACCEPTED BY THE CITY. A WARRANTY BOND IS ESTABLISHED FOR A ONE YEAR PERIOD IN THE AMOUNT OF 25% OF THE LETTER OF CREDIT AMOUNT. 9. THAT THE DEVELOPER ENTER INTO A DEVELOPERS AGREEMENT WHICH INCLUDES 'rill S'rlPtJLATIONS or THE COUNCIL'S APPROVAL PRIOR TO RECORDING THIS PLAT. 10. 'rHA'r ONl STUET LIGHT SHOULD BE REQUIRED IN THIS PLAT WHICH WOULD BE LOCATED AT THE INTERSECTION OF 190TH AND THE PROPOSED ROAD IN THE PLAT. COUNCILMlMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. e 9.9 Review of Request for Proposals for PUD's Mayor Tralle indicated that the City has drafted a Request for Proposals for PUD's located within the city limits. He stated that the City is seeking to hire a planning consulting firm to look at base maps including natural features; development constraints. vegetation. etc.; land use guide plans to guide land use patterns and decision making; transportation and circulation plans; and design criteria. Mayor Tralle indicated that the areas requested to be looked at are: west end PUD; trunk highway 169-193rd Avenue; trunk highway 169-County Road 12; trunk highway 169-U.S. Highway 10. The Council discussed the area of Trunk Highway 169 and U.S. Highway 10 It was the consensus of the Council that Trunk Highway 169 and U.S. 10 be looked at to the eastern boundary of Elk River and further that a map be included with the Request for Proposal and also if any of the Council had any changes they would like to see in the wording of the proposal that they contact City Hall within 48 hoursa.nd if no other changes were proposed that the Request for Proposals would be sent out. 9.10 Review of Billboard Ordinance e Mayor Tralle indicated that City Staff was requested to prepare an ordinance requiring that a moratorium be put on issuance of sign permits for billboards within the City of Elk River until the City has had a chance to review their sign ordinance regarding billboards. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 89-12. A ORDINANCE ORDERING A MORATORIUM ON THE ISSUANCE OF SIGN PERMITS FOR ADVERTISING SIGNS FOR THE CITY OF ELK RIVER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. e e e Page 12 City of Elk River July 17. 1989 Mayor Tralle indicated that he would like the City Attorney to look at the number of options the City may have to remove illegal billboards and also to look at the existing ordinance to see if some of the billboards are in violation and possibly creating an ordinance which would in effect have all billboards within the city limits of Elk River become principal uses on the property. Mayor Tralle further requested that the Staff check into the possibility of establishing a yearly license fee for billboard permits in order to offset expense of removal of signs. 10.1 City School Joint Garage Project Councilmember Kropuenske indicated that he attended the School Board meeting at which the City/School joint garage project was discussed. He indicated that it was the consensus of the School Board that they were in favor of expanding the garage and the School District renting the garage space from the City. He indicated that the School Board did pass a motion to go ahead with the concept but that discussion was held regarding the method in which the City was going to pay back the School District. They indicated that they were not in agreement on the method in which the City would be paying back the School District. It was the consensus of the Council to authorize staff to discuss the method of payback of the City to the School District with Dr. Flannery but the Council preferred the existing plan. 10.3 Landfill Surcharge The City Administrator indicated that this item was before the Council on July 10. and that the Council had made a motion to table it until several issues could be resolved. He indicated that the issues were the effective date. the language in the ordinance stating which fund the additional tax would go into. and the conversion from a cubic yard to a per weight charge. The City Administrator indicated that the ordinance had been revised to address these issues. Mayor Tralle indicated that he would like the records to be made available to City Hall regarding the conversion to a cubic yard to a per weight charge. He also indicated that if Chris Kreger would like the option of going up. he wants the City to have the option of going down in weight. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 89-13. AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ELK RIVER SECTION 604.08-3 TO INCREASE THE CITY LANDFILL FEE AND THAT THIS ORDINANCE BE EFFECTIVE SEPTEMBER 1. 1989. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 10.2 Budget Discussion The City Administrator addressed the Council and stated that he would like some feedback from the Council regarding the City's budgeting process. The City Administrator reveiwed the previous budgeting process with the Council and it was the consensus of the Council that they found this process to be an acceptable and workable method. Page 13 City Council Minutes July 17. 1989 e The City Administrator indicated that in presenting two different budget proposals. operates under the 1988 laws the City will the State and if they operate under the vetoed approximately $131.000 more in revenues. effect. the City will be He stated that if the City receive about $215.000 from 1989 law they will receive 10.4 Workers Compensation Coverage for Elected Officials COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 89-14. EXTENDING WORKER'S COMPENSATION TO ELECTED OFFICIALS. KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. AN ORDINANCE COUNCILMEMBER 11. City Administrator Update The City Administrator distributed to the Council a letter to the Sherburne County Board from John E. MacGibbon concerning TIF District #4. The City Administrator also distributed a letter to Mr. Larry Morrell from himself regarding the status for additional mini-storage buildings near the location of the two existing facilities on Mr. Morrell's property. The City Administrator indicated that his first letter to Mr. Morrell gave a deadline for the offer of the end of July and requested that the Council extend this date until the end of August. e COUNCILMEMBER DOBEL MOVED TO EXTEND THE OFFER TO MR. MORRELL FOR HIS PROPERTY TO BE PURCHASED BY THE CITY UNTIL THE END OF OCTOBER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 11.1 Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGI STER TO INCLUDING THE ADDITION DISTRIBUTED BY THE CITY ADMINISTRATOR. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 11.2 Councilmember Kropuenske Councilmember Kropuenske indicated to the Council that several other surrounding communities have floats representing their cities which are shown in parades in surrounding city and county activities. He indicated that he felt the City of Elk River should have such a float to represent Elk River. Councilmember Kropuenske stated that possibly through the Economic Development Coordinator and the Economic Development budget. the City could work with the Jaycees and other groups in a joint venture on such a project. After further discussion it was the consensus of the Council to appoint Dick Fursman. Economic Development Coordinator as the lead person of this venture and that a committee be formed in order to coordinate a float for the City of Elk River. 12. Adjournment e There being no further ADJOURN THE MEETING. MOTION CARRIED 4-0. business. COUNCILMEMBER KROPUENSKE MOVED TO COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE City Council Minutes July 17. 1989 e The meeting of the Elk River City Council adjourned at 11:05 p.m. Respectfully submitted. -xL7deray Deputy City Clerk e e Page 14