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01-20-1988 CC MIN - SPECIAL e e e SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL WEDNESDAY, JANUARY 20, 1988 HELD AT THE ELK RIVER CITY HALL MEMBERS PRESENT: Mayor Gunkel, Counci1members Dobe1 and Holmgren. Counci1member Schuldt arrived at 7:05 p.m. and Counci1member Tra11e arrived at 9:50 p.m. MEMBERS ABSENT: None STAFF PRESENT: Pat K1aers, City Administrator; Stephen Rohlf, Building and Zoning Administrator 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consideration of 1/20/88 City Council Agenda Item 3.1 interview; Business. was moved to 3.5a; item 5.5 was deleted due to withdrawal from and miscellaneous discussion items were added under Other COUNCILMEMBER DOBEL MOVED TO APPROVE THE 1/20/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. Counci1member Schuldt arrived at this time. 3.2. Administrative Subdivision Request by Merritt Mahutga/Pub1ic Hearing Mayor Gunkel indicated that Merritt Mahutga is requesting an administrative subdivision to split an 80 acre parcel into two parcels; one parcel of 4.25 acres will accommodate his existing home and the other parcel of 75 acres. Mayor Gunkel noted that staff has reviewed both parcels and they appear to be adequate for on-site septic and building sites. The Building and Zoning Administrator reviewed the Staff recommendations for this administration subdivision. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MERRITT MAHUTGA FOR THE PROPERTY LOCATED AT THE E 1/2 OF THE SE 1/4 OF SECTION 35. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY, MN WITH THE FOLLOWING CONDITIONS: \. THAT $aoo IN PA~ DEDICATION FEES BE PAID TO THE CITY FOR THE ADDITIONAL LOT CREATED IN THIS SPLIT. 2. THAT ANY ADDITIONAL DRIVEWAYS ENTERING ONTO COUNTY ROAD 12 BE APPROVED BY THE COUNTY ENGINEERING DEPARTMENT THROUGH A PERMIT. Page 2 City Council Minutes January 20, 1988 e 3. THAT EITHER OR BOTH LOTS. IF THEY ABUT TROTT BROOK, HAVE A MINIMUM OF 100' OF FRONTAGE ALONG THE BROOK. 4. THAT TWO NEW LEGAL DESCRIPTIONS BE PROVIDED TO THE CITY FOR RECORDING. S. THAT NO ENCROACHMENTS ON SETBACKS ARE CREATED BY THE NEW LOT LINES TO THE EXISTING BUILDINGS ON THE PROPERTY. {3€nffitllbMPll@~R HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.3. Variance Request by Dale Robarge and Janice Wendorff/Public Hearing Mayor Gunkel explained that Dale Robarge and Janice Wendorff of 20460 Meadowvale Road are requesting a 75 foot encroachment on the minimum 300 foot setback required from an agricultural building to neighboring residences. Mayor Gunkel indicated that the Planning Commission has reviewed this item and unanimously recommended approval. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. e The for that for does Building and Zoning Administrator noted that the formal request was a 75 foot variance but after this was advertised, it was determined a 48 foot variance was needed. Mr. Rohlf also explained the reason the variance request which is due to a pond on the property that not allow them to meet the 300 foot setback requirement. COUNCILMEMBER DOBEL MOVED TO APPROVE A 50 FOOT VARIANCE TO THE MINIMUM 300 FOOT SETBACK REQUIRED FROM AN AGRICULTURAL BUILDING TO A NEIGHBORING RESIDENCE FOR PROPERTY LOCATED ON THE EAST 400 FEET OF THE WEST 1,400 FEET OF THE NORTH 1.329.86 FEET LYING SOUTHWESTERLY OF THE CENTER LINE OF COUNTY STATE AID HIGHWAY NO. 32, SECTION 19, TOWNSHIP 33, RANGE 26. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.4. Conditional Use Permit Request by Kenneth Nord/Public Hearing Mayor Gunkel indicated that Mr. Kenneth Nord is requesting a conditional use permit to expand a grandfathered nonconforming use, a used car lot, and also to make it a conforming use. Peter Kimball, Planning Commission Representative, stated Planning Commission unanimously recommended approval with conditions. that the certain Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. e COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL REQUESTED BY KENNETH NORD TO ALLOW THE EXPANSION OF A USED TO MAKE THIS A CONFORMING CONDITIONAL USE WITH THE STIPULATIONS: USE PERMIT CAR LOT AND FOLLOWING Page 3 City Council Minutes January 20, 1988 e 1. SIGNAGE AS PER CITY CODE. 2. THE CUSTOMER PARKING AREA SHALL BE 45 DEGREE PARKING AND THE GREEN SPACE TO THE EAST OF THE CUSTOMER PARKING SHALL BE REPLACED WITH A FENCE TO SEPARATE THE PARKING FROM THE STREET. ~. THE ENTRANCE SHOWN ON THE SITE PLAN SHALL BE AN ENTRANCE ONLY AND MARKED "ONE WAY TRAFFIC" THROUGH THE CUSTOMER PARKING AREA. ALSO, 'flit; t;XI'I' ~M~WN NEXT TO THE CUSTOMER PARKING AREA SHALL BE AN ENTRANCE AND AN EXIT. 4. ALL PARKING AND DRIVES SHALL BE HARDSURFACED BY JULY 1, 1988. 5. THE DUMPSTERS SHALL BE SCREENED ON ALL SIDES. 6. THE SITE PLAN SHALL REFLECT TWENTY PERCENT (20%) GREEN SPACE. 7. ALL LIGHTS SHALL BE DIRECTED AWAY FROM ADJACENT RIGHT-OF-WAY AND RESIDENTIAL PROPERTIES: AND LIGHTING MUST BEA MINIMUM OF 1 1/2 FOOT CANDLES AT THE CUSTOMER AND EMPLOYEE PARKING AREAS. 8. THE PETITIONER SHALL BE ALLOWED TO SELL PRIVATE RECREATIONAL VEHICLES, CARS AND TRUCKS UP TO ONE TON IN SIZE. e 9. THE FINAL DRAINAGE PLAN SHALL BE APPROVED BY STAFF; AND THE EASEMENTS. IF NECESSARY. SHALL BE ACQUIRED BY THE PETITIONER. 10. THE LOCATION OF THE NEW BUILDING PROPOSED ON THE SITE PLAN SHALL BE CONTINGENT UPON A VARIANCE BEING GRANTED ON THE FRONT YARD SETBACK. 11. THE PETITIONERS SHALL EXTEND THE EYEBROW (OVERHANG) SHOWN ON THE SOUTH ELEVATION OF THE BUILDING THE FULL LENGTH OF THE EAST SIDE OF THE BUILDING ALSO AND THERE SHALL BE BRICK BELOW THE EYEBROW AND CEDAR ABOVE. THE REMAINDER OF THE BUILDING SHALL BE REQUIRED TO BE COLORED BAKED ENAMEL STEEL INCLUDING THE ROOF. 12. THE PETITIONER SHALL BE ALLOWED TO SELL VEHICLES FROM A MOTOR HOME FOR THREE MONTHS FROM THE DATE OF BUILDING PERMIT ISSUANCE TO AVOID OCCUPYING STRUCTURES ON THE SITE DURING CONSTRUCTION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.5. Variance Request by Kenneth Nord/Public Hearing Mayor Gunkel indicated that Mr. Nord is also requesting a 13 foot variance on the required 25 foot front yard setback in a C-3A zone. She noted the variance would be from the southeast corner of a proposed building to the right-of-way of Highway 10. e The Building and Zoning Administrator noted that Mr. Nord is requesting the variance to erect a new structure around his existing structure. He indicated that Mr. Nord's existing structure presently encroaches on the front yard setback. therefore, the new structure will also encroach. Page 4 City Council Minutes January 20, 1988 e Duane Kropuenske, Planning Commission Representative, indicated that the Planning Commission's reaction was that the request was not unreasonable because the building had been in the location for quite a few years and that the reason for constructing the new building over the existing building was mainly to preserve the equipment in the existing building. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE VARIANCE REQUEtJ'i' IY X~mm'fi1 NORD FOR A 13 FOOT ENCROACHMENT ON THE 25 FOOT FRONT YARD SETBACK TO CONSTRUCT A NEW BUILDING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.1. Zone Change Request by Elizabeth Bigelow/Public Hearing Mayor Gunkel indicated that Elizabeth Bigelow of 19175 Twin Lakes Road, Elk River, is requesting a zone change on a parcel of land from Agricultural zoning to single family residential zoning. She noted that a part of the property in the zone change will be included in the Sunset Ridge Plat which is the major reason for the zone change request. Mayor Gunkel also stated that FHA financing cannot be received on agricultural zoned land. e Planning Planning Commission Commission Representative Duane Kropuenske indicated that the recommended approval of the zone change request. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 88-2, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE THE FOLLOWING PROPERTY FROM A-1 TO AN R-1A ZONE: "THE WESTERN 1092 FT. OF THE SW 1/4 OF SECTION 25, TOWNSHIP 33, RANGE 26. TOGETHER WITH THAT PART OF THE E 1/2 OF THE SE 1/4 OF SECTION 26. TOWNSHIP 33. RANGE 26. LYING SOUTHERLY OF CENTERLINE OF COUNTY STATE AID HIGHWAY /113." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHULDT MOVED TO UPDATE THE LAND USE MAP TO REFLECT A LR/LIGHT RESIDENTIAL DESIGNATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.6. Preliminary Plat Review of the Plat of Sunset Ridge by Riverside Development Company/Public Hearing e Mayor Gunkel indicated that Riverside Development Company is requesting a preliminary plat review of Sunset Ridge Plat. The plat consists of twenty-four lots proposed to be divided from a 83 acre parcel. The twenty-four lots shown on the plat map all meet the minimum lot size requirement of 2 1/2 acres. Page 5 City Council Minutes January 20. 1988 e Steve Rohlf. Building and Zoning Administrator. indicated that he has been in contact with the following organizations and has reviewed the conditions and regulations set by the organizations: City Engineer. Terry Maurer. DNR. Soil and Water Conservation District. and County Engineering Department. He noted he has listed the conditions in his memo dated December 21. 1987. Duane Kropuenske. Planning Commission representative. indicated that the Planning Commission reviewed the plat. He indicated much discussion was held between the Planning Commission and the petitioners on park dedication money versus the City accepting an easement for a trail along Trott Brook. He noted the Planning Commission is recommending that park dedication money be accepted as per Phil Ha1s' recommendation. Also discussed at length. Mr. Kropuenske noted. was the requirement for an urban section design for streets. He noted the petitioner did not feel that an urban section was necessary. Mr. Kropuenske further stated that the Planning Commission is recommending approval of this plat with certain conditions. Mayor Gunkel opened the public hearing. Rick Foster and Dennis Anderson were present as representatives of the plat. e The Counc il an easement Administrator trail. discussed the park dedication fee versus the acceptance of for a trail along Trott Brook. The Building and Zoning indicated that the ground is too low and swampy to build a The Council also discussed the requirement of an urban section road. Mr. Rick Foster voiced his concern regarding the grading of the land to obtain an urban section of road. He stated it would be costly and a lot of work to obtain this type of road; and further stated an urban section of road would leave some water on some of the pieces of property. Mr. Anderson stated that if the Council would allow a rural street he would maintain any washes that occurred for a couple of years until the borders are in place. It was the consensus of the Council to have the petitioners discuss this once again with the Street Superintendent. Phil Ha1s. and the Council would make a decision at the time of final plat review. Mayor Gunkel closed the public hearing at this time. COUNCILMEMBER DOBEL MOVED TO APPROVE THE PRELIMINARY PLAT OF SUNSET RIDGE WITH THE FOLLOWING CONDITIONS: 1, PIRK TESTS SHALL BE DONI ON INDIVIDUAL LOTS PRIOR TO BUILDING PERMIT ISSUANCE. e 2. A $70.000 LETTER OF CREDIT SHALL BE ESTABLISHED IN THE FAVOR OF THE CITY OF ELK RIVER FOR THE IMPROVEMENTS IN THE PLAT. Page 6 City Council Minutes January 20. 1988 e 3. NO DRIVEWAYS SHALL ENTER ONTO COUNTY ROAD NO. 13 FROM THE LOTS IN THE PLAT. 4: IffiEl M,AN~ fO~ 'mE eONNlCTIONS FROM KENNEDY STREET AND LINCOLN STREET TO COUNTY ROAD NO. 13 SHALL BE APPROVED BY THE COUNTY ENGINEERING DEPARTMENT. !I. EROSION CONTROL SHALL BE ENFORCED WITHIN THE PLAT AND THE "URBAN RUN- Off. MllOfUON AND SMDIMlNT CONTROL HANDBOOK" SHALL BE USED AS A STANDARD . 6. FINAL GRADING. DRAINAGE AND ROAD PLAN SHALL BE REVIEWED AND APPROVED BY THE CITY ENGINEER TO BE UP TO CITY STANDARDS PRIOR TO FINAL PLAT APPROVAL BY THE COUNCIL. 7. THAT THE CITY COLLECT $4,800 IN PARK DEDICATION FEES VERSUS ACCEPTING AN EASEMENT FOR A TRAIL ALONG TROTT BROOK. 8. THE END OF LINCOLN STREET SHALL BE ROUGH GRADED AND SEEDED TO THE BOUNDARY OF THE PLAT. 9. ALL LOTS WITHIN THE PLAT MUST BE A MINIMUM OF 2 1/2 ACRES IN SIZE WITH A 150 FOOT OF FRONTAGE ON'THE CITY STREET. e COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. The issue of street lighting in this subdivision was raised and the Council indicated that the public safety needs for street lights should be reviewed before final plat consideration. 4.1. Recording Secretary Steve Rohlf. Building and Zoning Administrator indicated that Staff is recommending the hiring of Katie Skogstad as recording secretary. He stated Staff is recommending that she be hired at $6.00 per hour with a review in six months and a raise in salary to $l.OO/hour if the review is good. Councilmember Schuldt stated he would prefer to not make a decision on the salary at the end of the probationary period until the this time has been completed. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE HIRING OF KATIE SKOGSTAD AS RECORDING SECRETARY WITH A SALARY OF $6.00/HOUR AND WITH A REVIEW IN SIX MONTHS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4- o. 4.2. American Legion Gambling License e Mayor Gunkel indicated that the American Legion is requesting to renew their gambling license for 1988. The Council took no action to veto this application. Page 7 City Council Minutes January 20, 1988 e 4.3. Renewal of Cigarette & Mechanical Amusement Licenses OOUNCILMlMBER DOBEt MOVED TO APPROVE CIGARETTE LICENSE RENEWALS FOR THE FOLLOWING ESTABLISHMENTS: SNEAKY PETES. SIPES SERVICE AND WAPITI PARK CAMPGROUND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMKMBER HOLMGREN MOVED RENEWALS FOR THE FOLLOWING SNEAKY PETES AND ELK CINEMA. THE MOTION CARRIED 4-0. TO APPROVE MECHANICAL AMUSEMENT DEVICE ESTABLI SHMENTS: ELK RIVER YOUTH HOCKEY, COUNCILMEMBER DOBEL SECONDED THE MOTION. Councilmember Schuldt stated that he had voted against the motion to hire Steve Bockwitz and Steve Miller at top patrol salary because he did not recall authorizing the hiring of two officers at top pay. Councilmember Schuldt stated he was in error as the Council did authorize the hiring of two Police Officers at top pay at the November 5, 1987, City Council Meeting. 7.1. Mill Rate Update e The City Administrator indicated that the mill rate has decreased. The Urban taxing district decreased 1.075 and the rural taxing district decreased .012; however, UPA has increased slightly. He indicated that these are preliminary figures from the County. The City Council recessed at 8:20 for ten minutes. 5. Planning Commission Interviews At this time applicants were interviewed for the Planning Commission as the following members' terms have expired: Stewart Wilson, Mary Temple, Duane Kropuenske, Peter Kimball. The following people were interviewed: Duane Kropuenske - Peter Kimball - Jerry Schroeder - Nick Olson Rita Johnson - James Llewellyn - Jim Rossman 8:30 8:45 9:00 9:15 9:45 10:00 10:15 p.m. p.m. p.m. p.m. p.m. p.m. p.m. Councilmember Tralle arrived at approximately 9:45 p.m. e After the interviews, the City Administrator stated that Ted Cornelius had also requested to be considered, and further that Rolfe Anderson was also requested by Staff for an interview, but he declined as he said he was interested on remaining on the Park Board. Page 8 City Council Minutes January 20, 1988 e The Council discussed all candidates for the 4 Planning Commission vacancies. After much discussion the Council agreed on Duane Kropuenske and Peter Kimball, as they felt it was important to not have too many new members at one time on the Commission, and further indicated that both Peter and Duane were doing a good job as Planning Commission members. The Council then decided on Rita Johnson as all Councilmembers had her as one of their top 4 choices. It was the consensus that she would be able to make intellegent decisions and further that her background and involvement in other types of volunteer programs would be as asset. Discussion was held on the fourth candidate. The Council had two top candidates for this vacancy; Nick Olson and Jerry Schroeder. Mayor Gunkel felt that the time involvement and Mr. Olson's committment to the school was her reason for favoring Jerry Schroeder and further she felt Jerry Schroeder has been involved in the community at different levels. After further discussion the Council chose Nick Olson as the fourth candidate. The Council indicated that Mr. Olson has experience in decision making and further that he would not be afraid to make unpopular decisions, and that he was familiar with the Community. COUNCILMlMBER DOBEt MOVED TO APPOINT THE FOLLOWING PEOPLE TO THE PLANNING COMMISSION: e DUANE KROPUENSKE - 12/31/90 PETER KIMBALL - 12/31/90 NICK OLSON 12/31/89 RITA JOHNSON - 12/31/90 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Counci1member Schuldt stated that they have chosen representatives from all four wards in the City. Mayor Gunkel indicated that the choices made keep a good mix of citizens on the Planning Commission and further that it is important to retain the experience on the Planning Commission. Mayor Gunkel further indicated she was pleased with the number of applicants for the Planning Commission and stated that the Staff should keep these names on file and contact them if other positions open. 6. Check Register COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. State of the City Address The City State of topics to Administrator indicated that the Chamber will be hosting the the City Address on February 16, 1988. The Council discussed be used for presentations by Councilmembers and Staff. e Page 9 City Council Minutes January 20. 1988 e The following is a tentative list of topics: Councilmember Tralle - Highway 101 Councilmember Holmgren - Parks and Recreation Councilmember Schuldt - Downtown Beautification Councilmember Dobel - Fire and Police Services Mayor Gunkel - Community Interest City Administrator - Growth Management The Council decided to use "Vision of the Future" as a theme. 7.3. Meeting with County Commissioners The City Administrator stated that the County Commissioners have requested to meet with the City Councilmembers in regards to the Tax Increment Financing District #4. The Council consented to meet on Wednesday. February 3. 1988 at 7:00 p.m. at City Hall and to discuss the following topics: e TIF Date available and price of County Administration Building Joint economic development projects County park system Landfill Recycling 7.4. Resolution to Hank Duitsman COUNCILMEMBER TRALLE APPRECIATION TO HENRY UTILITIES COMMISSION. MOTION CARRIED 5-0. MOVED TO ADOPT RESOLUTION 88-6. A RESOLUTION OF DUITSMAN FOR. HIS SERVICES ON THE MUNICIPAL COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE COUNCILMEMBER TRALLE MOVED TO EXTEND THE CITY COUNCIL MEETING PAST MIDNIGHT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DOBEL VOTED NAY. 7.5. City Administrator Update The City Administrator updated the Council on the status of the upcoming 1/21/88 Main Street (downtown beautification) "mock assessment hearing." The City Administrator informed the Council that Atlas has not responded to the City regarding their proposal or action taken by the Council at the 1/4/88 public hearing. e The City Administrator updated the Council on the situation regarding the sanding of the streets. He stated he had received a memo from the Street Superintendent stating that the need for sand this year has far surpassed the amount budgeted for 1987 and that the weather conditions has not made sanding very effective this year. The Council authorized the Street Superintendent to order more sand. e e e Page 10 City Council Minutes January 20, 1988 The City Administrator indicated that the Planning Consultants have reached the maximum amount of dollars allowed by the City for the Growth Management Plan. eeUNCILMlMBER TULLE MOVED TO CONTINUE THE GMP CONTRACT FOR AN ADD ITIONAL $5.000 WITH THE CONSUL TING CITY PLANNERS. COUNCIL MEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator stated people for the Library Board, Commission. The Council consented the January 25, 1988, City Council that a date should be set to interview Rec Board and Economic Development to interview for the Library Board at meeting. The City Administrator informed the Council that the Staff will be interviewing for the position of Economic Development Coordinator on Saturday, January 23, 1988 at 9:00 a.m. A tentative date of February 6, 1988, was set for City Council interviews. Councilmember Tralle updated the Council on the Utility Commission meeting and also on the Highway 101 meeting. 8. Adjournment There being no further business, COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 12:40 a.m. ~~ Sandy Thack ray Recording Secretary