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11-20-1989 CC MIN " MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER 20, 1989 MEMBERS PRESENT: Mayor Tralle, Councilmembers Kropuenske, Schuldt, Dobel, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Stephen Rohlf, Building and Zoning Administrator; Steve Bjork, Zoning Assistant; Sandra Thackeray, City Clerk 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 11/20/89 City Council A~enda COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/20/89 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider 11/13/89 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/13/89 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 5.1. Elk River Country Club Interpretation Stephen Rohlf, Building and Zoning Administrator, indicated that the Elk River Country Club is proposing to remodel the club house. Mr. Pat Dwyer, Board member, indicated that the remodeling plans include tearing down the existing club house and building an entirely new club house. He indicated that the new club house would include locker rooms, showers, dining area, and snack bar. Mayor Tralle questioned Douglas Moe, Architect for the Elk River Country Club, whether they are considering the possibility of a racquetball court. Mr. Moe stated that this has been considered, but it would be included in Phase II of the remodeling. Steve Rohlf indicated that Phase II plans have not been presented to the Council but would be presented at a later date. Mr. Rohlf further indicated that it is staff's interpretation that the remodeling of the proposed facilities (Phase I), fits within a golf course club house as accessory uses. . ~ ~ City Council Minutes November 20, 1989 Page 2 . It was the consensus of the City Council that staff interpretation is correct and that no further Council action is required. 5.2. Conditional Use Permi tMetal Skinned Buildin~ by Leo Glunz/Public Hearin~ Steve Bjork, Zoning Assistant, indicated that Mr. Leo Glunz of 20338 Vance Street is requesting a conditional use permi t to allow the construction of a metal skinned structure within a platted area. Mr. Bjork further stated that the proposed accessory structure will be located 260 feet from a neighboring residence and the City ordinance states that a metal skinned accessory structure must be at least 300 feet away from adjacent dwellings or platted areas. Mary Eberley, Planning Commission representative, indicated that the Planning Commission measured the proposal against the seven standards for granting a conditional use permit and decided that the issue was inconsistent with the comprehensive plan, that it will impede the normal and orderly development and improvement of the surrounding vacant property, and further that it will not fully comply with all other requirements of the City Code of Ordinances. Mary Eberley further indicated that they had received comments, both for and against, the proposal from neighboring residents. She further indicated that the Planning Commission recommended denial of the conditional use permit. Mr. Leo Glunz stated that the City had issued him a building permit for the construction of his structure and further that his si te was approved by the City. He indicated that he was ordered to stop construction by the City after the framework was up because of the distance to the neighboring residence. Mr. Leo Glunz stated that he had removed the horses from his property and is boarding them at the present time. Steve Rohlf, Building and Zoning Administrator, state that the keeping of horses on Mr. Glunz's property is another matter and would require an additional condi tional use permit. Mr. Rohlf further indicated that if ,Mr. Glunz decides to bring this request before the Council, there would be no additional fee for this conditional use permit. Steve Rohlf, Building and Zoning Administrator, stated that if the metal skinned structure is not allowed by the City Council, the applicant could use a different type of siding other than metal which would negate the need for a conditional use permit. Mayor Tralle opened the public hearing at this time. Tom Lahn, of 11076 205th Avenue, indicated that he owns adjacent property and that he has no objection to the metal skinned building. He further stated that he would prefer metal skinned siding because of the upkeep. Mr. Lahn also stated that he would have no objection if Mr. Glunz were to have horses in the building. ~ ~ . . . ~ ~ City Council Minutes November 20, 1989 Page 3 . There being no further comments from the public, Mayor Tralle closed the public hearing. Councilmember Holmgren questioned when the building permit was received. Steve Rohlf, Building and Zoning Administrator, indicated that there was a staff error, and when the inspector saw that the exterior of the building was metal, he brought the matter to the applicant's attention. Mr. Glunz indicated that the metal siding has been delivered to his house and that the builders are waiting to install the siding and further that if he had to put up a different siding than metal, it would cost him another $4,000. Mr. Glunz indicated that he did not feel he should be responsible for the additional cost because of staff error. Steve Rohlf, indicated that R-1A/single family district is Rohlf indicated that perhaps skinned accessory buildings. the Statement of Purpose for a to allow a semi rural life style. Mr. this life style would include metal COUNCILMEMBER DOBEL MOVED TO ALLOW THE CONDITIONAL USE PERMIT REQUESTED BY MR. LEO GLUNZ TO CONSTRUCT A METAL SKINNED ACCESSORY BUILDING ON LOT 3, BLOCK 1, WILDERNESS ACRES, TO BE LOCATED 260 FEET FROM THE NEIGHBORING RESIDENCE TO THE NORTH OF HIS PROPERTY BASED ON THE FOLLOWING FINDINGS OF FACT: 1. THAT A HARDSHIP HAS BEEN CREATED INADVERTENTLY THROUGH STAFF ERROR BY GRANTING THE BUILDING PERMIT. 2. BECAUSE IT IS QUESTIONABLE WHETHER METAL SKINNED BUILDINGS WOULD DETRACT FROM PROPERTY LOCATED WITH AN R-1A ZONE. 3. HAD THE STAFF ERROR BEEN CAUGHT SOONER, THE BUILDING COULD HAVE BEEN MOVED AND MET ALL OF THE STANDARDS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Pat Klaers, City Administrator, suggested that the City Council direct Planning Commission to look at the use of metal skinned structures in residential area, especially in areas where R-1A is platted, but more rural in nature. The City Council agreed and directed the Planning Commission to review this issue. 5.3. Variance Request by James and Rita Amble/Public Hearin~ Mayor Tralle indicated that Jim and Rita Amble were requesting a variance to allow an approximate 10 foot encroachment on the 20 foot side yard setback for the R-1A zone and an approximate 35 foot encroachment on the 100 foot setback from the Mississippi River. ~ . ~ City Council Minutes November 20, 1989 Page 4 Steve Bjork, Zoning Assistant, stated that the request is for a detached accessory building. Mary Eberley, Planning Commission Representative, stated that the Planning Commission reviewed the request based on the five standards necessary for granting a variance. She further indicated that the Planning Commission recommended approval based on the following findings of fact: 1. That the sprinkler system would have to be removed. 2. That a number of landscape changes would have to be made. 3. That a number of trees would have to be removed. 4. That it would not block the view of the river from the neighbors. 5. That the structure would not be visible from the road. 6. That the setback rules were imposed after the house was built. 7. On the northern edge of the property, there is an easement for a road which goes into the empty lot on the east side of the property. Steve Bjork indicated that the City had received a letter from the Department of Natural Resources which indicated certain conditions which the Council should consider if the variance is granted. 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 VARIANCE REQUESTED BY JIM AND RITA AMBLE FOR A 10 FOOT ENCROACHMENT ON THE 20 FOOT SIDE YARD SETBACK AND A 35 FOOT ENCROACHMENT ON THE 100 FOOT SETBACK FROM THE MISSISSIPPI RIVER IN ORDER TO BUILD A DETACHED ACCESSORY BUILDING LOCATED AT 10122 154TH AVENUE NW, WITH THE FOLLOWING CONDITIONS: 1. THAT THE STRUCTURE SHALL BE MADE OF, OR PAINTED, EARTH TONE COLORS. 2. THAT THE STRUCTURE SHALL NOT EXCEED 15 FEET IN HEIGHT. 3. ADDITIONAL LANDSCAPING (TREES AND SHRUBS) SHALL BE PLANTED ALONG THE WEST SIDE (SIDE FACING THE RIVER) OF THE STRUCTURE. 4. THE STRUCTURE SHALL BE USED SOLELY FOR THE PURPOSE OF STORING PERSONAL ITEMS. THE STRUCTURE SHALL NOT BE USED FOR THE OPERATION OF ANY BUSINESS, NOR SHALL THE STRUCTURE BE CONVERTED TO ADDITIONAL LIVING SPACE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. l ~ ., City Council Minutes November 20, 1989 Page 5 5.4. Draina~e and Utility Builders/Public Hearin~ . Easement Vacation by Will iam John Steve Rohlf, Building and Zoning Administrator, indicated that William John Builders is requesting to vacate a portion of the drainage and utility easement between Lots 11 and 12, Block 1, Country Side Acres. Mr. Rohlf explained that when William John Builders placed a house on Lot 12, Block 1, Country Side Acres, they found one corner pin of the M-Vale Plat instead of Country Side Acres Plat which resulted in the house on Lot 12 straddling the lot line on Lot 11. Mr. Rohlf stated that William John Builders own both Lots 11 & 12 and have corrected the error of the house straddling the lot line by readjusting the lot line. Mr. Rohlf further indicated that the City Engineer reviewed the situation and is recommending that a portion of the drainage and utility easement between the two lots be vacated. Mayor Tralle opened the public hearing at this time. Jeff DeJarlais of 19886 Ironton stated that the City should require a Certificate of Survey for each lot being built on. Steve Rohlf, Building and Zoning Administrator, indicated that the City does require Certificates of Survey on unplatted lots. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 89-70 WITH THE FOLLOWING STIPULATIONS: 1. THAT WILLIAM JOHN BUILDERS DEDICATE A 12 FOOT WIDE DRAINAGE AND UTILITY EASEMENT (6 FEET EITHER SIDE OF THE NEW LOT LINE BETWEEN LOTS 11 & 12, BLOCK 1, COUNTRYSIDE ACRES) SO THERE IS A CONTINUOUS DRAINAGE AND UTILITY EASEMENT FROM THE WEST END OF THE TWO LOTS IN QUESTION TO THE EAST END. THE LEGAL DESCRIPTION FOR THIS NEW PORTION OF EASEMENT MUST BE PROVIDED BY WILLIAM JOHN BUILDERS. THE REDEDICATION OF THE DRAINAGE AND UTILITY EASEMENT MUST TAKE PLACE PRIOR TO RECORDING THE VACATION. 2. THAT IT IS THE RESPONSIBILITY OF WILLIAM JOHN BUILDERS TO TAKE APPROPRIATE MEASURES TO KEEP THE RUNOFF FROM LOT 12 FROM CAUSING A WATER PROBLEM ON LOT 11. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. r . . . ~ " City Council Minutes November 20, 1989 Page 6 5.5. Site Plan Review to Exoand DolDhin Car Wash by Barthel Construction Mayor Tralle indicated that Barthel construction is requesting a site plan review for expansion of the Dolphin Car Wash located in the Elk River Plaza PUD. Steve Rohlf, Building and Zoning Administrator, stated that the request was for additional garage stalls which would be used for car detailing. Mary Eberley, Planning Commission representati ve, indicated that the Planning Commission reviewed the request and unanimously recommended approval. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE EXPANSION OF THE DOLPHIN CAR WASH BY BARTHEL CONSTRUCTION WITH THE FOLLOWING STIPULATIONS: 1. THAT THE LIGHTING FOR THE ADDITION BE AS PER CITY CODE. 2. THAT THE OUTSIDE OF THE BUILDING BE THE SAME DESIGN AS THE EXISTING STRUCTURE. 3. THAT THE PARKING STALLS ON THE SITE BE STRIPED IN YELLOW. 4. THAT THE ADDITIONS BE CONTINGENT UPON CITY ENGINEER APPROVAL OF THE WATER MAIN ON THE EAST PROPERTY LINE BEING RELOCATED. THAT THE PARKING STALLS 1 AND 2 BE ELIMINATED TO ACCOMMODATE TRASH RECEPTACLES. 5. 6. THAT AN ADDITIONAL SIDEWALK BE CONSTRUCTED TO PROVIDE ACCESS FROM EVANS AVENUE TO THE SHOPPING CENTER. 7. THAT ADDITIONAL SIGNAGE ON THE BUILDING ADVERTISING THE CAR DETAILING (3 FEET BY 12 FEET) BE ALLOWED AS LONG AS IT IS WITHIN THE SIGN ORDINANCE REQUIREMENTS. 8. THAT NO TREES OR OTHER OBSTRUCTIONS BE LOCATED WITHIN 20 FEET OF THE INTERSECTION OF THE ROAD THAT ACCESSES THE PROPERTY AND THE DRIVEWAY INTO THE CAR WASH. 9. THAT THE OWNERS OF CHW PROPERTIES, TO THE SOUTH OF THE CAR WASH, AND THE OWNERS OF THE CAR WASH NEGOTIATE THE SLOPING OF THE GROUND LYING BETWEEN THE TWO PROPERTIES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Council UDdate by Chris Kre~er/Elk River Landfill Mr. Chris Kreger of Elk River Landfill updated the Council on future plans of the Elk River Landfill. Mr. Kreger indicated that he is developing plans for the construction of a recycling center at the Landfill. He indicated that he would be working in conjunction with the County and the City on this project and that he would be in front of the Planning Commission and the City Council to review the plans for the recycling center. ~ ~ . . . ~ " City Council Minutes November 20, 1989 Page 7 5.7. Mr. Kreger informed the Council that he is working on obtaining permi ts for thermal processing of soil contaminated with petroleum products. He indicated that once this contaminated soil is processed, it would be available for reuse. He stated that the equipment would be similar to an asphalt plant, but would be enhanced and modified with pollution control equipment for the sole purpose of processing soil. Mr. Kreger indicated that the Landfill would need air quality approval by the City Council. Mayor Tralle indicated that the City would be referring this to the City's Environmental consultant. Mr. Kreger informed the Council that the Landfill is working 011 redesigning Landfill facility and that this will possibly include a design for an ash landfill. The City Administrator questioned Mr. Kreger about the result of landfill gas testing. Mr. Kreger indicated that they have found landfill gas outside of the boundaries of the landfill and that they are aware that something must be done about this situation. Chris Kreger questioned the City Council whether the City would review the soil storage facility as a co-disposal. The City Administrator indicated that this question would be reviewed by the City's consultants. The Council thanked Mr. Kreger for updating them on future Elk River Landfill projects. Buildin~ and Zonin~ Update Steve Rohlf, Building and Zoning Administrator, updated the Council on the County Recycling Task Force recommendations. He indicated that the County Task Force recommended to the County Board the same recommendations that were made by the Elk River Recycling Task Force. Steve Rohlf recommended to the Council that the City hire an environmental. coordinator toward the end of January or February and if the County is going to hire staff to coordinate recycling, there would be a possibility of the City doing some of the work. He indicated that it would make sense for the City and the County to work together on this situation. 6.1. Consider Final Pay Estimate for Main Street/Jackson Avenue Project 6.2. COUNCILMEMBER DOBEL MOVED TO APPROVE PAYMENT TO PCI FOR THE MAIN STREET AND JACKSON AVENUE IMPROVEMENT PROJECT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Partial Pay Estimate #3 for Tyler/Knollwood Project COUNCILMEMBER DOBEL MOVED TO APPROVE PARTIAL PAY ESTIMATE TYLER/KNOLLWOOD PROJECT TO BUFFALO BITUMINOUS IN THE $192,525.16. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. CARRIED 5-0. #3 FOR THE AMOUNT OF THE MOTION ~ . 1 City Council Minutes November 20, 1989 Page 8 8. Other Business Mayor Tralle indicated that his term on the Utilities Commission will expire December 31, 1989. He indicated that he would seek reappointment if it was the Council's ~ish. COUNCILMEMBER KROPUENSKE TO REAPPOINT JIM TRALLE TO THE UTILITIES COMMISSION WITH HIS TERM EXPIRING ON 12/31/92. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Mayor Tralle abstained from the vote. Mayor Tralle indicated that the Utilities Commission has decided not to charge the City for electrical usage. He indicated that the only areas which will be charged will be softball, Wastewater Treatment Plant and Liquor Store. 9. City Administrator Update The City Administrator indicated that the City Engineer has sent a letter to all Tyler Street residents updating them on the progress of the construction of the road. The City Administrator informed the Council that there is a need for an EDA meeting in order to update the EDA on Block A and other EDA matters. COUNCILMEMBER DOBEL MOVED TO CALL AN ECONOMIC DEVELOPMENT AUTHORITY MEETING ON DECEMBER 4, 1989, AT 6:00 P.M. TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that the public works expansion has been completed and that the School District is moving into the building. 10. Adjournment There being no further business, COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:37 p.m. Respectfully submitted J~ Sandra Thackeray . City Clerk l ~