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08-21-1989 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, AUGUST 21, 1989 e Members Present: Mayor Tral1e, Counci1members Holmgren, Kropuenske, Dobel and Schuldt (6:50 p.m.) Members Absent: None Staff Present: Pat Klaers, City Administrator; Steve Rohlf, Building and Zoning Administrator; Steve Bjork, Zoning Assistant; Tim Keane. City Attorney 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:45 p.m. by Mayor Tralle. 2. Interview with Ken Ringstad and Marsha O'Brien for Library Board Positions Mayor Tralle indicated that the Council has received two resignations from the Library Board. He indicated that the first resignation was received from Jean Lucas, whose term would expire on 12/31/90, and also from Dr. Flannery, whose term would expire on 12/31/89. Mr. Ringstad and Ms. O'Brien were present at the Council meeting. The Council interviewed the two applicants at this time. After the interview with the two applicants, it was the consensus to appoint both Marsha O'Brien and Ken Ringstad to the Library Board. e COUNCILMEMBER KROPUENSKE MOVED TO APPOINT KEN RINGSTAD TO THE LIBRARY BOARD WITH HIS TERM OF OFFICE TO EXPIRE ON 12/31/90 AND ALSO TO APPOINT MARSHA O'BRIEN TO THE LIBRARY BOARD WITH HER TERM OF OFFICE TO EXPIRE ON 12/31/89. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4- O. Councilmember Schuldt abstained as he did not arrive in time for the interview of the two applicants. 3. Consider 8/21/89 City Council Agenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 8/21/89 CITY COUNCIL AGENDA. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1 Consider 7/31/89 City Council Minutes Councilmember Kropuenske indicated that there was a correction on pages 2 and 3 of the minutes regarding the Library Board interviews. He indicated that the date should be August 21, not July 21. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 7/31/89 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2 Consider 8/7/89 City Council Minutes e COUNCILMEMBER COUNCILMEMBER Councilmember meeting. SCHULDT MOVED TO APPROVE THE 8/7/89 CITY COUNCIL MINUTES. KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Holmgren abstained because he was on vacation during the Page 2 City Council Minutes August 21, 1989 e 5. Open Mike There was no one present for this item. 6.1 Consider Zone Change Request, Faith Fe110wship/P.H. Mayor Tra11e opened the public hearing and indicated that the applicants have requested to table the zone change request until a future date. He further indicated that they were not sure at what time they could bring this back to the Council. Mayor Tralle indicated that because of this, he was going to close the public hearing. Mayor Tralle closed the public hearing at this time and indicated that no action would be taken on the Faith Fellowship zone change request until it was readvertised and the public were renoticed regarding the request. He indicated at this time the item would not be a tabled item but would be considered a new zone change request. 6.2 Consider Administrative Subdivision, Tim Smith/P.H. Mayor Tralle indicated that staff is recommending that this issue be tabled until further information is obtained. e COUNCILMEMBER KROPUENSKE MOVED TO CONTINUE THE PUBLIC HEARING UNTIL 9/18/89 AT WHICH TIME THE MEETING WILL BE HELD AT THE ELK RIVER PUBLIC LIBRARY AT 7 : 00 P .M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3 Consider Conditional Use Permit, Elk River Municipal Utilities/P.H. Mayor Tra1le indicated that the Elk River Utilities have withdrawn request to build a storage facility for electric transformers which possibly contain PCB's. He indicated that the reason they withdrew request is because EPA has approved the current storage of transformers on a temporary basis. their could their the Mayor Tra1le opened the public hearing. There being no one for or against the matter, Mayor Tral1e closed the public hearing. e Stephen Rohlf, Building and Zoning Administrator, indicated that the Planning Commission had heard the conditional use permit request. He stated that they recommended approval with seven stipulations. Mr. Rohlf further indicated that he felt staff and Council should further look at the temporary storage of the electric transformers as he does not feel that just withdrawing the request will satisfy the neighboring residences. Mayor Tralle indicated that the facility which they are now stored in will be diked and a roof over the top to prevent any possible spillage of PCB's. He further indicated that the Utilities Commission will be redesigning the storage facility and will be back in the spring for a request for a CUP from the Council. Stephen Rohlf, Building and Zoning Administrator, indicated that he felt the matter should be referred to Council at this time. It was the consensus of the Council to have City staff discuss the matter with Bill Birrenkott, Elk River Utility Superintendent. Page 3 City Council Minutes August 21. 1989 e 6.4 Consider Conditional Use Permit. Don Schroeder/P.R. Mayor Tralle indicated that this request was tabled by the Planning Commission at their July meeting. Re indicated that the applicant has.; provided the City with a revised site plan and therefore. the Planning, Commission will review the matter at their August meeting. COUNCILMEMBER DOBEL MOVED TO TABLE THE CONDITIONAL USE PERMIT BY DON SCHROEDER UNTIL SEPTEMBER 18, 1989, TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY AT 7:00 P.M. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5 Consider Administrative Subdivision. Christian Builders/P.H. Steve Bjork. Zoning Assistant, indicated that Christian Builders is requesting an administrative subdivision to split Lot 11. Block 1. Meadow Park Subdivision into two lots to accomodate zero lot line homes. Steve Bjork indicated that the home has already been constructed and the request is needed in order to sell the units as separate parcels. Mayor Tralle opened the public hearing. There being no one for or against the matter. Mayor Tralle closed the public hearing. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY CHRISTIAN BUILDERS TO SPLIT LOT 11, BLOCK 1, MEADOW PARK SUBDIVISION INTO TWO LOTS TO ACCOMODATE ZERO LOT LINE HOMES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6 Consider Variance Request. William and Gloria Klemz/P.H. Steve Rohlf. Building and Zoning Administrator indicated that Mr. and Mrs. William Klemz have requested a variance for a 32 foot encroachment on the 75 foot setback required from Lake Orono to accommodate an addition to a single family home. Mary Eberley. Planning Commission Representative. indicated that at the Planning Commission meeting. the request had changed from a 32 foot to a 30 foot setback. She further indicated that the Planning Commission reviewed the request and based on the staff's information and the five standards required for a variance. the Planning Commission unanimously recommended approval of the request. Mayor Tralle opened the public hearing. William Klemz indicated that he was the homeowner and th~t he was present to answer any questions the Council may have. Steve Rohlf. Building and Zoning Administrator. indicated that one of the major reasons for granting the variance was that the lot is severely restricted by today's setbacks. There being no comments from the public. Mayor Tralle closed the public hearing. e COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A 30 FOOT VARIANCE ON THE 75 rOOT SETBACK REQUIRED FROM LAKE ORONO TO ACCOMMODATE AN ADDITION TO A SINGLE FAMILY HOME BY MR. AND MRS. WILLIAM KLEMZ OF LOT 2 EXCEPT TRIANGULAR TRACT AND ALL OF LOT 3, BLOCK 2. HEATH ADDITION. OOUNCILMlMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 4 City Council Minutes August 21. 1989 -- 6.7 Consider Model Home Extension This item was tabled until 7:30 p.m. 6.8 Consider Planning Commission Applications Mayor Tralle indicated that t4ere is one opening on the Planning Commission due to the resignation of Nick Olsen. He further indicated that the Planning Commission has received six applications for the position. Mayor Tralle listed the applicants as follows: Jackie Heinz Ward 1 Joanna Hendrickson Ward 4 Brenda Johnson Ward 2 Alan Nadeau Ward 4 Jim Rossman Ward 2 Robert Bischoff Ward 4 e Mayor Tralle indicated that two of the individuals who have applied. Jim Rossman and Robert Bischoff. are in the Real Estate profession and that this has proposed a problem for the Council in the past. Councilmember Schuldt indicated that due to the involvement in real estate. there would be many items which the Planning Commission would consider which would be considered a conflict of interest to the Real Estate profession and therefore. the individual would have to abstain from voting. Councilmember Schuldt indicated that this would be unfair to the Commission as a whole. It was the consensus of the Council to not interview Jim Rossman or Robert Bischoff because of the potentially perceived conflict of interest and because they have previously been interviewed. It was further the consensus of the Council to interview the remaining four applicants on September 11. at 6:00 p.m. 6.7 Consider Model Home Extension Steve Bjork. Zoning Assistant. indicated that an ordinance amendment adopted in 1988 allows for certain standards for the operation of model homes within plats. He indicated that one of these standards deals with the amount of time that a house would be allowed to be used as a model home and that the time allowed is a three year limit from the time that the subdivision received final plat approval. Mr. Bjork indicated that there are several model homes within various plats throughout the City that are nearing or have passed the time limit allowed for model homes. e Councilmember Kropuenske indicated that this was a complex and difficult issue to look at. He stated that there is a difference between a model in a residential area that is zoned residential and a model that is located in an area that is zoned residential but is not residential in nature such as those along the highway. He further stated that he felt the City may be too restrictive with its current ordinance. He indicated that Ziegler Construction has a model home in Deerfield II and the time limit for the model homes in this area has expired. He indicated that Ziegler feels that they are an asset to the community. e e e Page 5 City Council Minutes August 21. 1989 Councilmember Schuldt questioned whether Ziegler has an office in its model home. He indicated that temporary Real Estate offices are no longer allowed in the City. Mike Ziegler from Ziegler Construction indicated that they are not in the real estate business. He stated that he does however. have an office in the model home for himself and his partner to work out of. He also indicated that they do have a secretary in the office. Mr. Ziegler indicated that they would like to stay located in the area they are in right now. He stated that at the time they built the model home there were no rules regulating temporary Real Estate Offices or model homes. He also stated that he does not feel that they have been a problem to the community in their present location. Mayor Tralle indicated that he agreed with Councilmember Kropuenske. He indicated that if the City is going to be promoting the development of Elk River. they should take a look at the ordinance as it may be too restrictive to model homes. Councilmember Schuldt indicated that this is not a question of where the businesses are located. but a question of whether they are permitted by the ordinance. He indicated that if model homes will be allowed for some areas. they must be allowed for all. He indicated that he did not feel it was fair to allow model homes in certain locations of the City such as along highways. City Attorney. Tim Keane. indicated that the ordinance interprets model homes as a place in which to sell homes within a specific subdivision. He further indicated that there has been some recent legislation which allows interim land uses and that this could possibly be used to solve the problem regarding model homes. Steve Rohlf. Building and Zoning current City ordinance does allow allowed for model homes. He stated cases and allow extensions where they Administrator. indicated that the for an extension on the time period that the Council could review these deem appropriate. Councilmember Schuldt indicated that the problem is regarding what the model homes are used for. He indicated that model homes should be used for model homes and not for corporate offices. Mayor Tralle indicated that the City should possibly look at whether the purpose of model homes is for selling homes only in the specific subdivision and that possibly they should be able to be used for selling homes in other plats. Councilmember Kropuenske indicated that he did not feel it was economically practical to ask a builder to put up a model and only use it for one subdivision. Mayor Tralle indicated that he would like to see this item brought back to the Planning Commission for consideration. Page 6 City Council Minutes August 21, 1989 e COUNCILMEMBER DOBEL MOVED TO GRANT A SIX MONTH EXTENSION TO ALL EXISTING MODEL HOMES AS THEY ARE OPERATING AT THE PRESENT TIME AND THAT THIS MATTER BE BROUGHT BACK TO THE PLANNING COMMI SSION AND COUNCIL FOR RECONSIDERATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mike Ziegler of Ziegler Construction requested that the builders be informed of the process. 6.9 Other Building and Zoning Updates Steve Rohlf. Building and Zoning Administrator. indicated that he will be working with aerial photography companies in order to get some prices for photography within the City of Elk River. 7.1 Speed Study Reso1ution/Deerfie1d The City Administrator indicated that Police Chief Zerwas has been receiving speeding complaints in the Deerfie1d III Addition. He indicated that the Police Department is requesting the City Council to pass a resolution requesting MoDOT to conduct a speed study on 192nd Avenue and Zane Avenue in the Deerfie1d III Addition and also on Carson Street and Dodge Street in the Deerfie1d IV Addition. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 89-53. A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO STUDY CERTAIN ROADS IN THE CITY OF ELK RIVER FOR THE PURPOSE OF ESTABLISHING SPEED ZONES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2 Tyler Street Assessment Amendment The City Administrator indicated that Terry Maurer had presented a letter to Lori Johnson regarding the Williams assessment on Tyler Street. He indicated that Mr. Williams owned two parcels. however. the majority of the land was swamp land and he was therefore requesting he be assessed for only one unit. The City Administrator indicated that a similar situation had occured for the Wilson property which was directly north of the William's property and by recommendation from Terry Maurer. one of Wilson's parcels was deleted from the assessment role at the June 19. assessment hearing. The City Administrator indicated that because of this. staff is recommending that one of Mr. William's parcels be deleted from the assessment role on Tyler Street. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 89-54, A RESOLUTION REASSESSING A CERTAIN PARCEL ASSESSED FOR IMPROVEMENTS IN THE 1989 TYLER STREET IMPROVEMENT PROJECT WHICH WOULD ELIMINATE THE SUBDIVIDING OF PARCEL 117-000-262400 INTO TWO UNITS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 7.3 Consider City Garage Expansion Quotes Phil Ha1s indicated that he had submitted to the Council a list of subcontractors who were low bidders on the building addition to the street garage. Mr. Ha1s indicated that the Council should add Gardener Hardware to the hardware and hollow metal contractor at a bid price of $3,857. The Council reviewed the bid list at this time. Page 7 City Council Minutes August 21, 1989 e COUNCILMBMBER DOBEL MOVED TO APPROVE THE FOLLOWING BIDS: MEMBRANE ROOFING AND INSULATION: S.A.I. CONSTRUCTION, INC./ST. LOUIS PARK $16.600.00 CONCRETE FOOTINGS AND MASONARY WALLS: J & S CONCRETE/PRINCETON $ 8,482.00 PLUMBING: B & D PLUMBING AND HEATING/ST. MICHAEL $ 4.270.00 HEATING: B & D PLUMBING AND HEATING/ ST. MICHAEL $ 5,317 .00 VENTILATION: HEASLEY HEATING/ELK RIVER $ 7.449.00 TOILET ACCESSORIES: TWIN CITY HARDWARE $ 545.00 HARDWARE AND HOLLOW METAL: GARDENER HARDWARE $ 3.857.00 OVERHEAD DOORS: TWIN CITY DOOR COMPANY $ 4.726.00 e COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4 Call Special Council Meeting for September 11, 1989 COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON SEPTEMBER 11. 1989, AT 6:00 P.M. TO BE HELD AT THE ELK RIVER CITY HALL FOR THE PURPOSE OF CONDUCTING PLANNING COMMISSION INTERVIEWS. HOLDING A PUBLIC HEARING ON URBAN/RURAL TAXING DISTRICTS AND TO CONSIDER MI SCELLANEOUS . COUNCIL ITEMS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. City Administrator Update The City Adminstrator indicated that there is a need for an EDA meeting to update the EDA on upcoming issues. e COUNCILMEMBER DOBEL MOVED TO CALL AN EDA MEETING ON AUGUST 28, 1989. FOLLOWING THE CITY COUNCIL MEETING FOR THE PURPOSE OF DISCUSSION ON VARIOUS EDA ISSUES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON AUGUST 28, 1989, TO BEGIN AT 6:30 P.M. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Page 8 City Council Minutes August 21, 1989 The City Administrator indicated that the City is accepting applications for PUD consultants. He suggested forming a staff committee to review the applications. He indicated that the committee could hold the first round of interviews and narrow the number of applicants down to a reasonable number for Council review. The City Adminstrator distributed three handouts to the Council. One handout was a letter from the Department of the Army to Mayor Tralle commending Phil Hals on the Mississippi Riverbank Protection Project. Another handout was from Maier Stewart which was a letter to the City Administrator regarding Lookout Place watermain extension and the third was a letter from John Kuester and a reply letter to Mr. Kuester from the City Administrator regarding the need of a community center concept within the City of Elk River. There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 8:25 p.m. Respectfully submitted, ~A ~a(/ (..I-f,,) Sandra Thackeray City Clerk