Loading...
09-18-1989 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, SEPTEMBER 18, 1989 MEMBERS PRESENT: Mayor Tralle, Council.embers Schuldt, Holagren and Kropuenske MEMBERS ABSENT: Council.eaber Dobel STAFF PRESENT: Pat Klaers, City Administrator; Tim Keane, City Attorney; Steve Bjork, Zoning Assistant; Stephen Rohlf, Building and Zoning Administrator; Russ Anderson, Fire Chief; Terry Maurer, City Engineer 1. Pursuant to due call and notice thereot, the meeting of the Elk River City Council was called to order at 7:00 p.m. 2. Consider 9/18/89 City Council A<<enda Councilmember Schuldt was added to the agenda under item 6.11. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 9/18/89 CITY COUNCIL AGENDA AS AMENDED. COUNCI LMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 9/11/89 City Council Minutes Mayor Tralle indicated that the first sentence of 15 should begin as follows: "Family members of LaDawn Wallskog and residents of the area." COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/18/89 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Choir Boys Reauest for Jackson Sauare Mr. John Fitzgerald, representative of the Choir Boys stated that the Choir Boys are requesting to use Jackson Square for a rummage sale. He indicated that the last time they requested the use of Jackson Square, the Council denied the request and they held the sale in the parking lot at the High School. He stated they did not get a very good response in this location and are, therefore, requesting to use Jackson Square once again. He indicated that he has signatures fro. 95% of the business owners in the downtown area stating that they would like to see the ru..age sale held at Jackson Square because of the business generated from the sale. Mr. Fitzgerald also requested that if the Council grants permission for this sale, they would like permission to hold 2 sales per year in this location. City Council Minutes September 18, 1989 Page 2 e Mayor Tralle indicated that he did not have a problem with the request mainly because the list presented by Mr. Fitzgerald contained 95% of the business owners and all were in favor of the sale being held at Jackson Square. Mayor Tralle also indicated that Jackson Square is a public area and should be utilized by the public; especially nonprofit organizations. It was the consensus of the City Council to allow the Choir Boys to hold two rummage sales per year in the Jackson Square area with the stipulation that these sales be coordinated with City Staff. It was also the consensus that future Council approval for this sale would not be required. 4.2. Fire DeDartment UDdate e Fire Chief Russ Anderson updated the Council on the recent fire at the RCM Building located along East Highway 10. He indicated that the building stored vinyl and rubber products. He further stated that the materials contained within the building were not considered hazardous, however, the Fire Department was uncertain of this fact at the time of the fire. Chief Anderson stated that there should be some way for the Fire Department to determine what tyPes of material the commercial and industrial buildings contain. He indicated that if this were the case and they were called to a fire, they would know what to expect and how to treat the fire. The Council discussed methods of determining the contents of the commercial and industrial buildings in Elk River. It was the consensus that this is essential. The City Attorney suggested that the City may want to look into having all commercial and industrial businesses filing disclosures with the City. It was the consensus of the Council to have City Staff work with the Attorney regarding this matter and report back to the Council with suggestions or methods of having building contents on file. 5.1. UDdate on En~ineerin~ Items Terry Maurer, City Engineer, indicated that he has prepared a report as directed by Council, regarding Otsego Township using the City of Elk River's Wastewater Treatment Plant. Mr. Maurer indicated that the report investigates the possibility of the City of Elk River providing sanitary sewer capacity to the Town, determines the cost to Otsego for this service and estimates the impacts to the City of Elk River if such an arrangement were made. e City Council Minutes September 18, 1989 Page 3 e Mr. Maurer discussed the two possible routings for the Wastewater; one being County Road 42 Bridge and the other being the Highway 101 Bridge. Mr. Maurer indicated that the City would be looking at a 10 year arrangement at which time either Otsego would continue to use the City's service or have had a chance to build their own plant. The costs associated with use of Elk Ri ver' s Wastewater plant were explained as follows: costs for collection system modifications, treatment plant capacity costs and cost of future modifications to the treatment plant and in addition, the costs of constructing the sewer connecting the Township system to the Elk River system. Mr. Maurer explained that on top of these charges, Otsego Township would be paying a user charge of $1.45 per 1000 gallons. Mayor Tralle indicated that the next step would be for the City to present the plan to Otsego Township to see how they will respond. He further indicated that the City should have some mechanism in place to assure that in ten years Otsego Township will be off of the City's sewer system. e Councilmember Holmgren indicated that the City should beware that Otsego Township may be planning on using the sewer capacity to serve industrial and co..ercial properties, thereby competing with the City of Elk River for commercial and industrial development. Councilmember Kropuenske indicated that he had the same concern as Councilmember Holmgren. COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE CITY OF ELK RIVER/OTSEGO TOWNSHIP WASTEWATER TREATMENT PLANT CAPACITY ANALYSIS FROM MAIER STEWART &; ASSOCIATES, INC. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Knollwood/Tyler Project Terry Maurer informed the Council that the Knollwood overlay project has been completed. He further stated that the Tyler project is going well and is on schedule. The first layer of blacktop is anticipated to be put down in a couple of weeks. Dam Brid~e Mr. Maurer indicated that his firm has completed a report regarding the unsafe condition of the Orono Bridge. He stated that he is anticipating sending this report to the Historical Society and will request them to remove the Bridge from the list of historical sites. Trian~le Road Mr. Maurer indicated that the developers group has decided to do this project on their own without City assistance. e e e e City Council Minutes September 18, 1989 .,. Waco Street Brid2e Page 4 The City Engineer indicated that the issue to be dealt with in this matter is the financing. He stated that it is possible to receive financing for the building of this bridge through State Aid. He explained that the process would allow the City to bond for the improvement, complete the improvement, and then recover the money from State Aid. This project will be discussed in more detail at a future meeting. MSA Fund Balance The City Engineer indicated that the current MSA fund balance is -0- and about 75% of next years funds will be used prior to 1990. Jarvis Railroad Crossing The City Engineer indicated regarding railroad crossing from the State as of yet. work with the State and the Hi2hway 169/193rd Si~al that they have contacted the State office at Jarvis and he has not received a reply He indicated that they will continue to City on this matter. The City Engineer indicated that he has received word froll MnDOT that the proposed 169/193rd signal is in their plans for 1990 with construction to take place in 1991. Western Area Utilities Mayor Tralle indicated that he has received calls and questions from residents living in the western area of the City regarding the possibility of city services being extended to this area of the City. He indicated he would like the City to reach the citizens in sOlie way to inform them of what is being planned for that particular area of the Ci ty. Discussion pursued regarding possible ways of informing the citizens. It was the consensus of the Council that the City staff would first try a direct mail approach and if this did not satisfy the citizens then a neighborhood inforllational meeting could be planned. 6.1. Consider Extension of PreliminarY Plat for ReDlat #5/Barrington Place PUD/James Peterson and First National Bank Steve Rohlf, Building and Zoning Administrator, indicated that the petitioner was expected to ask for an extension but never did. Therefore, Mr. Rohlf requested that this item be tabled. e e e City Council Minutes September 18, 1989 Page 5 COUNCILMEMBER HOLMGREN MOVED TO TABLE THE PRELIMINARY PLAT FOR REPLAT 15/BARRINGTON PLACE PUD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Consider Conditional Use Permit/Elk River Mall/Public Hearin<</Tabled COUNCILMEMBER HOLMGREN MOVED TO TABLE THE CONDITIONAL USE PERMIT REQUEST BY ELK RIVER MALL UNTIL OCTOBER 16, 1989. COl'~:CILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Consider Administrative Subdivision/Tia Smith/Public Hearin<</Tabled Steve Bjork, Zoning Assistant, inforaed the Council that Mr. Saith was before the Council in June for this itea. The Council tabled this item until additional frontage on County Road 35 could be obtained. Mr. Bjork indicated that as of Septeaber 11, 1989, the mortgage company has not given Mr. Smith approval to release a portion of the property so that additional frontage on County Road 35 can be obtained. COUNCILMEMBER SCHULDT MOVED TO DENY THE ADMINISTRATIVE SUBDIVISION REQUEST BY TIM SMITH. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Consider Conditional Use Permit/TriDle S. Hearin<</Tabled Investment/Public COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE CONDITIONAL USE PERMIT REQUESTED BY TRI PLE S. INVESTMENT. COUNCI LMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Consider Conditional Use Permit/Trailer Kin<</Public Hearin<</Tabled Steve Bjork indicated that Trailer King had provided the City with two different site plans which were inadequate for review purposes. He stated that a third site plan was requested but has not been supplied. The Planning Commission reviewed the 2nd site plan provided and also felt it was inadequate. COUNCILMEMBER HOLMGREN MOVED TO DENY THE CONDITIONAL USE PERMIT REQUESTED BY TRAILER KING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Consider Conditional Use Permit/Don Schroeder/Public Hearin<< Steve Bjork indicated that the applicant is requesting two separate conditional use permits. He stated that the property in question is located within the Elk River Plaza PUD and any aaendments to the City Council Minutes September 18, 1989 Page 6 e Developer's Agreement requires a conditional use permit. He indicated that the conditional use requests are to allow two structures on a lot and to allow a ~tor vehicle specialty service station. Both requests are for Lot 2, Block 1, Elk River Plaza 3rd Addi tion. Mr. Bjork stated that the applicant is requesting to construct a 4,900 square foot structure and a 1,200 square foot structure with a possible expansion of 420 square feet. Planning Co.mission representative, Arlon Fuchs, stated that the Planning Commission reviewed the request. He indicated that they thoroughly reviewed the following concerns which are explained in detail in the Zoning Assistant's memo dated September 18, 1989: future lot split; utilities; dimensional regulations; parking and drive; and the allowing of motor vehicle specialty service stations. He indicated that after reviewing these matters and making recommendations, the Planning Com.ission recommended approval of two structures on the lot. 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 AMEND THE DEVELOPERS AGREEMENT FOR LOT 2, BLOCK 1, ELK RIVER PLAZA 3RD ADDITION TO ALLOW BY APPROVING A CONDITIONAL USE PERMIT REQUESTED BY DON SCHROEDER TO ALLOW TWO PRINCIPAL BUILDINGS PER LOT; THESE STRUCTURES BEING 4,900 SQUARE FEET AND 1,200 SQUARE FEET. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. Consider Ordinance Amendment/City of Elk River/Public Hearin<< Steve Bjork indicated that due to the request by Don Schroeder for a Motor Vehicle Service Station, the Planning Commission felt it was appropriate to revise the current definition for the Motor Vehicle Service Station and add a definition for Auto repair Shop and Motor Vehicle Specialty Service Station. Planning Commission Representative Fuchs indicated that the Planning Commission drafted the ordinance amendment and, therefore, recommended approval. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 89-17, AN ORDINANCE AMENDING SECTION 900.08, DEFINITIONS OF THE ELK RIVER CITY CODE, WHICH DEVELOPS A DEFINITION FOR MOTOR VEHICLE SERVICE STATION AND MOTOR VEHICLE SPECIALTY SERVICE STATION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. e e e e City Council Minutes September 18, 1989 Page 7 6.Gb. Site Plan ADDroval ADDroval and Conditional Use Permit by Don Schroeder/Public Hearin<< Steve Bjork indic~ted that the applicant is requesting to locate a "Quick Lube" operation wi thin one of the structures to be located on Lot 2, Block 1, Elk River Plaza 3rd Addition. Planning Co..ission representati ve Fuchs indicated that after reviewing the conditional use per.it request to allow a motor vehicle specialty service station, approval was recouended based on the findings that the request met the seven standards for granting a conditional use permit. 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 AMEND THE DEVELOPERS AGREEMENT FOR LOT 2, BLOCK 1, ELK RIVER PLAZA 3RD ADDITION TO ALLOW A MOTOR VEHICLE SPECIALTY SERVICE STATION. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Steve Bjork indicated that the applicant is also requesting site plan review for Lot 2, Block 1, Elk River Plaza 3rd Addition. Planning Com.ission representative Fuchs indicated that the Planning Commission reviewed the site plan and conditional use per.it for a motor vehicle specialty service station and recommended approval of both with several conditions. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE SITE PLAN FOR A 4,900 SQUARE FOOT SHOPPING CENTER AND AI, 200 SQUARE FOOT STRUCTURE TO BE USED AS A MOTOR VEHICLE SPECIALTY SERVICE STATION TO BE LOCATED ON LOT 2, BLOCK 1, ELK RIVER PLAZA 3RD ADDITION WITH THE FOLLOWING CONDITIONS: 1. THE SETBACK REQUIREMENTS SHALL BE FRONT 25, SIDE 11, REAR 30. 2. THAT THE SITE PLAN AND LANDSCAPE PLAN INCLUDE 1 1/2 FEET TO 3 FEET MAXIMUM BERM FROM THE DRIVEWAY TO THE PROPERTY LINE. 3. THAT THE BUILDING ELEVATIONS FOR THE PROPOSED RETAIL SHOPPING CENTER BE SIMILAR IN DESIGN TO THE REST OF THE SHOPPING MALL. 4. THAT THE SOIL BORINGS BE TAKEN AND THE RESULTS BE APPROVED BY CITY STAFF PRIOR TO THE BUILDING PERMIT ISSUANCE. 5. THAT THE DETAILS OF SEWER AND WATER HOOK-UP BE APPROVED BY THE CITY STAFF AND DEALT WITH AT THE TIME OF BUILDING PERMIT ISSUANCE. City Council Minutes September 18, 1989 Page 8 e 6. THAT THE EASEMENT DECLARATION FOR PARKING AND DRIVES BE MAINTAINED FOR LOTS 1,2,3, BLOCK 1, ELK RIVER PLAZA 3RD ADDITION. ANY ALTERATIONS TO THIS AGREEMENT SHALL REQUIRE CITY REVIEW. 7. THAT THE FIRE LANE "NO PARKING SIGNS" BE INSTALLED ALONG THE FIRE LANE AROUND THE PROPOSED STRUCTURE. 8. THAT CONCRETE CURBING BE INSTALLED AROUND THE PERIMETER OF THE LOTS. THE CURBING SHALL BE OF A TYPE AS REQUIRED BY THE CITY. 9. THAT SIGNAGE PERMITTED FOR EACH OCCUPANCY BE CONSISTENT WITH THE C-3 STANDARDS. THE SITE SHALL ALSO BE ALLOWED ONE BUSINESS SIGN NOT TO EXCEED 5 FEET IN HEIGHT OR A TOTAL OF 25 SQUARE FEET. 10. 11. 12. e 13. 14. 15. 16. 17. 18. THE FINAL DRAINAGE PLAN SHALL BE APPROVED BY THE CITY ENGINEER. SEPARATE STRUCTURES SHALL HAVE INDIVIDUAL UTILITY SERVICES. HOURS OF OPERATION FOR THE MOTOR VEHICLE SPECIALTY SERVICE STATION SHALL BE CONSISTENT WITH THE CAR WASH. NO GASOLINE SALES SHALL BE PERMITTED FOR BLOCK 1, ELK RIVER PLAZA 3RD ADDITION. LIGHTING AS PER CITY CODE. REQUIRE DUMPSTER TO BE SCREENED FOR THE RETAIL SPACE AND LOCATION APPROVED BY CITY STAFF. ROOFTOP EQUIPMENT OPERATION AND MAINTENANCE EQUIPMENT FOR THE FACILITY MUST BE ARCHITECTURAL SCREENED. EXPAND THE FIRE LANE AT THE REAR OF THE RETAIL BUILDING TO A MINIMUM OF 20 FEET IN WIDTH. ANY PROPOSED EXPANSION AT THE LOCATION MUST BE BROUGHT BEFORE THE PLANNING COMMISSION FOR APPROVAL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor Tralle commended the Planning Commission on the thorough job of review on these items. e City Council Minutes September 18, 1989 Page 9 e 6.8. Consider Zone Chan~e FellowshiD/Withdrawn and Conditional Use Permit/Faith Steve Bjork informed the Council that Faith Fellowship Church has requested to withdraw their zone change and conditional use permit requests. 6.9. Swanson/Mini Stora~e Lawsuit Tim Keane, City Attorney, has indicated that a Stipulation of Dismissal With Prejudice has been submitted by Mary Jo and Richard Swanson regarding the mini storage lawsuit against the City. He indicated that the stipulation provides that the matter is a walk away matter with no rights or obligations on either party. Counsel Keane proceeded to read, in its entirety, the Stipulation of Dismissal with Prejudice. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE STIPULATION OF DISMISSAL WITH PREJUDICE. COUNCI LMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Discussion Items e 6.10A.ComDliance to Conditional Use Permit Standards for North Star Service Center and Pro Motors Steve Bjork indicated that both North Star Service Center and Pro Motors were granted a conditional use permit by the City Council in May and both were required to provide hardsurfacing within 60 days from the approval of the conditional use permit. Mr. Bjork indicated that as of today neither have provided the hardsurfacing. Mr. Bjork indicatpn that he has received a phone call from Pro Motors and was informed that a contractor has been hired to do the hardsurfacing which will be completed by the end of September. He also indicated that he received a letter from North Star indicating that they are experiencing difficulties in financing the property. It was indicated in the letter that the lender is concerned about possible soil contamination from Steve's Oil Tank Farm. It was further indicated by telephone that North Star is going through an ownership change and due to this they were uncertain as to when hardsurfacing could be accomplished. Mayor Tralle indicated that both companies were given sufficient time to arrange hardsurfacing. He indicated that he would suggest that if hardsurfacing is not accomplished by September 31, 1989, that the companies should be ordered to cease and desist operation. e e e e City Council Minutes September 18, 1989 Page 10 Councilmember Kropuenske stated that consideration should be given to the fact that Steve's Oil is creating a financing problem for North Star. Mayor Tralle indicated that the deadline date should remain regardless of the .Steve's Oil situation. COUNCILMEMBER SCHULDT MOVED THAT NORTH STAR WRECKER SALES AND PRO MOTORS BOTH BE GIVEN UNTIL MONDAY, OCTOBER, 9, 1989, IN WHICH TO COMPLY TO THE CONDITIONAL USE PERMIT REQUIREMENT OF HARDSURFACING OR THEY SHALL BE REQUIRED TO CEASE OPERATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-1. COUNCILMEMBER KROPUENSKE OPPOSED. 6.10B. Businesses Within the Masonic Lod~e The Zoning Assistant indicated that upon investigation of the operations wi thin the Masonic Lodge, it was noted that Sherburne Communications is currently operating within the Lodge. The property is zoned R-1c/single family and because of this zoning Sherburne Co..unications is not consistent with the R-1c uses. Mr. Bjork also indicated that in 1984 the Council granted a variance to the Lodge to allow four business and professional offices to be located within the Lodge and as part of the variance no retail or commercial zoning uses other than professional and business offices were allowed. COUNCILMEMBER KROPUENSKE MOVED THAT DUE TO THE STIPULATIONS OF FACT THAT THE CITY COUNCIL FINDS SHERBURNE COMMUNICATIONS TO BE A RETAIL TYPE BUSINESS WHICH IS NOT IN ACCORDANCE WITH THE ALLOWED ZONING THEY SHALL BE GIVEN UNTIL DECEMBER 1, 1989 TO VACATE THE PREMISES LOCATED AT THE MASONIC LODGE BUILDING; AND ALSO DUE TO A STIPULATION OF FACT THAT THE COUNCIL FINDS THAT THE CAER CENTER LOCATED IN THE MASONIC LODGE IS A SOCIAL SERVICE OFFICE AND FALLS IN THE CATEGORY OF PROFESSIONAL BUSINESS OFFICE THAT THEY BE ALLOWED TO REMAIN AS A TENANT OF THE MASONIC LODGE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10C. Councilmember Schuldt Councilmember Schuldt stated that in light of the Swanson case regarding mini storage in an R-3 zone, he would like to see this issue reexamined. He indicated that he was convinced that mini storage belongs in commercial zones. Mayor Tralle requested that this be added to a Planning Commission meeting for reexamination as time permits. e e e City Council Minutes September 18, 1989 Page 11 6.10D. Steve Rohlf indicated the Chamber of Commerce contacted him regarding a request for a temporary sign advertising the upcoming Business Expo in Jackson Square. It was the consensus of the City Council to allow a temporary sign in Jackson Square. 7.0. City Administrator Update Elk River Youth Hockey The City Administrator indicated that Elk River Youth Hockey is requesting a Gaabling license renewal to operate pull tabs at Broadway Bar and Pizza. The Council took no action to deny the request. The City Administrator informed the Council that Michael Mulrooney has left BDS, Inc. and is working on his own. He indicated that the City is planning to continue using Michael Mulrooney's services. The City Administrator informed the Council that there will be a "used/old battery pick-up" planned for September 30, 1989. The City Administrator informed the Council that Corporal Mordal has recei ved a letter of commendation for his actions in rescuing an individual from an overturned boat in lake Orono. The City Administrator informed the Council that the City is looking at purchasing some tax forfeit property and that this will be on the September 25th agenda. 8.1. EDA Meetin~ COUNCILMEMBER KROPUENSKE MOVED TO CALL AN EDA MEETING ON SEPTEMBER 25, 1989, AT 7:00 P.M. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Adjournment There being no further business, ADJOURN THE CITY COUNCIL MEETING. MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO COUNCILMEMBER SCHULDT SECONDED THE The meeting of the Elk River City Council adjourned at 9:40 p.lI. d~(!.~r City Clerk