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04-18-1988 CC MIN MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY. APRIL 18. 1988 e MEMBERS PRESENT: Mayor Gunkel. Council Members Dobel. Tralle. and Schuldt. Councilmember Holmgren arrived at 7:04 p.m. MEMBERS ABSENT: None ALSO PRESENT: Lori Johnson. Finance Director; Arlon Fuchs. Planning Commission Representative; Rita Johnson. Planning Commission Representative; Dick Fursman. Economic Development Coordinator; Pat Klaers. City Administrator; Stephen Rohlf. Building and Zoning Administrator; and Bob Thistle. Fiscal Consultant 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. Consider 4/18/88 City Council Agenda Items 8.2 - Theatre sign. 8.3 - City Administrator Update and 8.4 - Mayor Gunkel were added to the agenda and item 3.1 was deleted. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 4/18/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. ~ 3.2. Consider 4/4/88 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 4/4/88 CITY COUNCIL MINUTES AS PRESENTED. COUNCILMEMBERDOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike There was no one present for this item. 5.1. Award 1988 Improvement Bonds Councilmember Holmgren arrived at this time (7:04 p.m.). Mr. Bob Thistle. of Springstead Incorporated. indicated the City had $1.180.000 in bonds up for bid. He indicated that ten bidders placed bids on the bonds and the lowest bidder was First National Bank Associates with a net interest rate of 6.2347%. Mr. Thistle recommended that the City Council accept the low bid of the First National Bank Associates. e COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-28. A RESOLUTION AUTHORIZING ISSUANCE. AWARDING SALE TO FIRST NATIONAL BANK ASSOCIATES PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1.180.000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1988A. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Water Tower Project/Final Payment Mayor Gunkel indicated that the City has been carrying a retainer of $2.500 on the water tower project due to the fact that seeding has not Page 2 e City Council Minutes April 18, 1988 been completed. She indicated that the City has agreed to do the seeding and deduct $1,000 from the $2,500 balance due. COUNCILMEMBER DOBEL MOVED TO PAY HYDROSTORAGE A FINAL PAYMENT OF $1,500, WITH THE AGREEMENT THAT THE SEEDING BE. COMPLETED BY THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED.THE MOTION. THE MOTION CARRIED 5- O. 5.3. State Grant Application for Alltool Manufacturing/Public Hearing e Richard Fursman, Economic Development Coordinator, indicated that the City of Elk River is making an application to the State of Minnesota for a small cities economic development grant in an effort to assist Alltool Manufacturing in their proposed expansion. He indicated that Alltool currently employs 125 people, has been experiencing dramatic growth, and has outgrown their present facility, and wish to construct a new facility in the Elk River Industrial Park. Mr. Fursman indicated that there are certain concerns that must be met before applying for the loan. He indicated that one concern is that housing and community development needs are being met. These needs are being met through the Growth Management Plan. Another concern is that of fair housing. Mr. Fursman recommended that the fair housing needs of the community be addressed in the Growth Management Document and promoted in City Hall. At this time Mayor Gunkel opened the public hearing. Mr. Dick Gongoll stated he felt that the utilization of this grant for the purpose of assisting Alltool would be a benefit to the City. There being no one else speaking for or against the matter, Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-29, A RESOLUTION OF SPONSORSHIP FOR ALLTOOL MANUFACTURING LOAN PROGRAM.. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Purchase of Sirens e The City Administrator indicated that the Fire Chief is requesting to purchase two federal outdoor warning sirens to upgrade the City Emergency Warning System. He indicated the sirens would be placed in the vicinity of Highway 169 and the new water tank, and also in the vicinity of Zane and 202nd Avenue. The City Administrator stated that $18,000 has been budgeted in equipment certificates for the purchase of the sirens. He further indicated that additional sirens will be planned in 1989. Several quotes for sirens had been received. Staff recommended that the low quote of $7,900 per siren from Federal Signal Corporation be accepted and that two sirens be purchased from 1988 Equipment Certificates. The electrical costs for converting the old fire siren will come from the civil defense budget. COUNCILMEMBER TRALLE MOVED TO PURCHASE TWO ADDITIONAL CIVIL DEFENSE lHREN[l AND A MDIO CONTROL BOX TO BE INSTALLED IN THE OLD FIRE SIREN IN THE DOWNTOWN AREA FROM 1988 EQUIPMENT CERTIFICATES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 3 e City Council Minutes April 18, 1988 6.1. Zone Change/Dennis Anderson/Public Hearing Mayor Gunkel indicated that Mr. Dennis Anderson is requesting a zone change on a parcel of property from R-1C/Single Family Residential to R-2B/Townhouse and Multi-family residential. She indicated that in considering adjacent property values, the most intensive principal use of R-2B zoned property is a 4 unit townhouse or multi-family dwelling. Mayor Gunkel noted that the land use map shows the area to be medium density residential. Planning Commission Representative, Arlon Fuchs, indicated that the Planning Commission unanimously recommended approval of the zone change as the zone change would be consistent with the land use plan. 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 88-11, AN ORDINANCE AMENDING THE CITY OF 'ELK RIVER ZONING MAP TO ZONE THE FOLLOWING DESCRIBED PROPERTY FROM R-1C/SINGLE FAMILY RESIDENTIAL TO'R-2B/TOWNHOUSE AND MULTI- FAMILY RESIDENTIAL: e PARCEL 1 AND PARCEL 2 THAT MAKE UP THAT PART OF LOT 2, BLOCK 2, RIVERVIEW ADDITION TO VILLAGE OF ELK RIVER LYING NORTH OF A LINE AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 2 AT A POINT 215 FEET SOUTH OF THE NORTHWEST CORNER THEREOF. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Administrative Subdivision/Dennis Anderson/Public Hearing Mayor Gunkel indicated that Dennis Anderson is requesting to combine two lots in order to build a 4 unit townhouse. She indicated that the petitioner must receive DNR approval prior to building the townhouse, therefore, if DNR approval is not granted the petitioner would not combine the lots. Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. Councilmember the four-plex indicated that platted. Tralle indicated that park dedication should be charged if is to be built. The Building and Zoning Administrator park dedication will be charged when the property is COUNCILMEMBER TRALLE MOVED APPROVAL OF THE ADMINISTRATIVE SUBDIVISION TO COMBINE THE FOLLOWING TWO LOTS INTO ONE LOT: e PARCEL 1 AND PARCEL 2 THAT MAKE UP THAT PART OF LOT 2, BLOCK 2, RIVERVIEW ADDITION TO THE VILLAGE OF ELK RIVER LYING NORTH OF A LINE AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 2 AT A POINT 215 FEET SOUTH OF THE NORTHWEST CORNER THEREOF. COUNCILMEMBER DOBEt SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Page 4 City Council Minutes April 18. 1988 6.3. Administrative Subdivision Request by Jim Nord/Public Hearing Mayor Gunkel indicated that Jim Nord of 548 Sixth Street. Elk River. is requesting to divide a 12.5 acre parcel of land into two lots. She noted the property lies in an R-1a zone and that the proposed lots meet the minimum acreage and frontage requirements for an R-1a zone. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JIM NORD TO DIVIDE THE FOLLOWING DESCRIBED PROPERTY INTO TWO LOTS: THE SW~ OF THE SE~ LYING WEST OF COUNTY STATE AID HIGHWAY 1. IN SECTION 20. TOWNSHIP 33. RANGE 26 APPROVAL BEING CONTINGENT UPON THE FOLLOWING STIPULATIONS: 1. THAT $200 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE NEWLY CREATED LOT. 2. THAT THE ADDITIONAL DRIVEWAY TO ACCESS THE SOUTHERN LOT ONTO COUNTY ROAD 1 BE APPROVED BY THE COUNTY ENGINEERING DEPARTMENT. AND A PERMIT BE OBTAINED FOR THAT DRIVEWAY FROM. THE COUNTY. 3. THAT TWO NEW LEGAL DESCRIPTIONS ARE PROVIDED TO THE CITY STAFF FOR THE NEWLY CREATED LOTS FOR RECORDING PURPOSES. 4. THAT JOHN NORD SIGN THE APPLICATION PRIOR TO THE RECORDING OF THE SPLIT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Administrative Subdivision/Thomas Hickey/Public Hearing Mayor Gunkel indicated that Thomas Hickey is requesting an administrative subdivision to divide a 5 acre parcel into two 2~ acre lots. She noted the property lies in an A-I zoned district and the two proposed lots meet the City's minimum requirement of 2~ acre lots with a minimum of 200 feet of frontage on a City Street. Mayor Gunkel opened the public hearing. Kathy Omitt of 20727 Ulysses Street. indicated that she is opposed to the request due to the fact that the area is an established neighborhood with 5 to 10 acre lots. She noted that some people raise livestock and felt people purchasing a 2~ acre lot would be offended by the livestock. The Building and Zoning Administrator indicated that Mrs. Jeanette Gordon of 20777 Ulysses had phone and voiced her oppostion to the request and indicated she was informed that the area was zoned for 5 acre parcels of land. Page 5 e City Council Minutes April 18. 1988 Janet Doran of Century 21 White Dove Realty and representative of the petitioner. indicated that the request for subdividing the land is in accordance with the City Ordinance as the area is zoned for 2~ acre lots. and stated she is requesting approval. Advil Hoyt indicated he was informed that the area was zoned for 5 acre lots and is against the request for this reason. Councilmember Tralle indicated that references he has made related to large lots and was regarding the Growth Management Plan. He also indicated that many residents were informed that the area was zoned for 5 and 10 acre parcels by developers in the area. Mayor Gunkel indicated that although the area is platted into 5 and 10 acre lots. the zone classification is for a 2~ acre lot minimum. There being no further comments from the public. Mayor Gunkel closed the public hearing. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY THOMAS HICKEY - TO DIVIDE A FIVE ACRE PARCEL OF PROPERTY l.IGALLYDESCRIBED AS: "THE S~ OF THE ~ OF THE NE~ OF THE SW% OF SECTION 14. TOWNSHIP 33. RANGE 26." - INTO' TWO 2~ ACRE' PARCELS WITH THE FOLLOWING STIPULATIONS: 1. THAT $200 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE NEWLY CREATED LOT. 2. THAT TWO NEW LEGAL DESCRIPTIONS FOR THE NEWLY CREATED LOTS ARE PROVIDED TO CITY STAFF BY THE PETITIONER FOR RECORDING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Administrative Subdivision Request by Greg Kreuser/Public Hearing Mayor Gunkel indicated that Greg Kreuser is requesting an administrative subdivision to rearrange the lot lines of four lots in the plat of Vernon Estates. She indicated that he is proposing to rearrange the lot lines so the proposed housing units will front on Evans Avenue. Mayor Gunkel opened the public hearing. Mr. Ken James of 126 Evans indicated he had a concern regarding the setback requirement and the possibility of the proposed duplex being built three feet from his side yard lot line. e There being no further comments regarding this matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION RIQUESTED BY GREG KREUSER TO 'REARRANGE THE LOT LINES OF FOUR LOTS LEGALLY DESCRIBED AS LOTS 1. 2. 31. AND 32. BLOCK 1-VERNON ESTATES WITH THE FOLLOWING STIPULATIONS: e e e Page 6 City Council Minutes April 18. 1988 1. THAT THE PETITIONER PROVIDE FOUR NEW LEGAL DESCRIPTION IS FOR THE FOUR ALTERED LOTS. 2. THAT THE PETITIONER PROVIDE NEW SEWER AND WATER HOOK-UPS ON THE NORTHERN MOST LOT AND THE SOUTHERN.MOST LOT. :3. THAT THE NECESSARY MPCA PERMIT FOR EXTENDING CITY SEWER TO THE SOUTHERN MOST LOT IS GAINED BY THE PETITIONER AND THAT THE SEWER EXTENSION DESIGN IS APPROVED BY THE CITY ENGINEER AND FURTHER THAT THE SEWER LINE SHOULD BE SIZED FOR FUTURE EXTENSION TO OTHER AREAS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Private Road Request by Fran Coates Mayor Gunkel indicated that Fran Coates is requesting a private road to access a 40 acre parcel of land which she owns. Mayor Gunkel stated that Ms. Coates owns 80 acres (2 - 40 acre parcels) which lie kitty corner from each other and the northeast quarter is a landlocked parcel of prope rty . The Building and Zoning Administrator indicated he has reviewed the four standards for creating a private road and indicated this parcel of land meets the criteria necessary for creating a private road. He indicated that two lots are legal lots of record and the request is for a private road to access an existing parcel. Discussion was held regarding the possibility of the future platting of the property. The Building and Zoning Administrator informed Ms. Coates of the requirements on the length of dead end roads. Counci1member Tra11e indicated he did not feel it was in the best interest of the City to create a private road. Mayor Gunkel indicated that the situation was not created by the City or the owner and if the private road is not granted. the parcel of land will be landlocked. COUNCILMEMBER REQUESTED BY MOTION. SCHULDT MOVED TO MRS. FRAN COATES. APPROVE THE REQUEST FOR A PRIVATE ROAD COUNCILMEMBER HOLMGREN SECONDED THE Counci1member Schuldt indicated that he does not agree with private roads. but this situation existed before the City was responsible for the area. Counci1member Tra11e also indicated that he is opposed to private roads. however. there is not other fair solution to the problem. therefore. he would vote in favor of the request. THE MOTION CARRIED 5-0. e e e Page 7 City Council Minutes April 18, 1988 6.7. Road Right-of-way Vacation Request/John Oliver/Public Hearing Mayor Gunkel indicated that John Oliver had petitioned the City on May 20, 1981, to have a portion of 193rd Avenue vacated, however the right-of- way vacation was never recorded. She indicated that the request is before the Council again to vacate a portion of 193rd Avenue. Mayor Gunkel opened the public hearing. Jim Nord adjacent property owner, voiced his desire that the vacated right-of-way would also be recorded against his property so there would be no questions in the future. There being no further comments from the public, Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-30, A RESOLUTION FOR THE VACATION OF RIGHT-OF-WAY VACATING THE FOLLOWING DESCRIBED RIGHT-OF-WAY: "THAT PORTION OF 193RD AVENUE N. W. DESCRIBED AS LYING 33 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: 'BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, MINNESOTA WHERE SAID LINE INTERSECTS A LINE 66 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE BURLINGTON NORTHERN (FORMERLY GREAT NORTHERN) RAILROAD; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 28; THENCE WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 29, SAID TOWNSHIP 33, RANGE 26 TO INTERSECT WITH AND TERMINATE AT THE EASTERLY LINE OF THE RIGHT-OF-WAY OF C.S.A.H. NO. 1 AS NOW LAID OUT AND TRAVELLED." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Multiple Principal Commercial Buildings per Lot/Public Hearing Mayor Gunkel indicated that Mark Zieska is requesting Council approval to allow a second commercial building on one lot. Planning Commission Representative, Rita Johnson, stated that the Planning Commission unanimously recommended approval of the 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 ALLOW TWO COMMERCIAL BUILDINGS PETE'S AND IS ACCESSED BY- FOLLOWING STIPULATIONS: TO APPROVE THE REQUEST BY MARK ZIESKA TO ON ONE LOT LOCATED DIRECTLY EAST OF SNEAKY AND LIES NORTH OF 173RD AVENUE, WITH THE 1. THAT BOTH BUILDINGS BE REQUIRED TO HAVE AT LEAST ONE LOADING BERTH OR BE ALLOWED TO USE PARKING STALLS AS LONG AS IT IS DURING NONPEAK BUSINESS HOURS. MR. ZIESKAWOULD BE REQUIRED TO COORDINATE THIS. Page 8 City Council Minutes April 18, 1988 e 2. THAT THERE BE A MINIMUM OF 70 PARKING STALLS STRIPED AND HARD SURF ACED . 3. THAT THE LIGHTING IN THE PARKING LOT BE A MINIMUM OF l~ FOOT CANDLES AND THAT THE LIGHT IS DIRECTED' AWAY FROM ADJACENT ROAD RIGHT-OF-WAY. 4. THAT SIGNAGE BE AS PER CITY CODE. ~. THAT A MINIMUM OF 20 PERCENT OF THE LOT BE GREEN SPACE. LANDSCAPED WITH AT LEAST GRASS~ 6. THAT THE SITE PLAN AS DRAWN SHOWS ADEQUATE AREA FOR DRAINFIELD. THE SIZE SHOULD BE DETERMINED' BY' , DARRELL. MACK, SEWER' SUPERINTENDENT. PRIOR TO BUILDING PERMIT ISSUANCE. . 7. THAT A DRAINAGE PLAN BE APPROVED BY TERRY MAURER. CITY ENGINEER, SHOWING THAT THE INCREASED DRAINAGE FROM THIS LOT WILL NOT BE A PROBLEM TO ADJACENT PROPERTIES. . 8. THAT THE DUMPSTER FOR THE PROPOSED BUILDINGS BE SCREENED AT LEAST ON THE NORTH AND WEST SIDES IN A DESIGN HARMONIOUS TO THE ARCHITECTURAL DESIGN OF THE BUILDING. e 9. THAT ALL SETBACK REQUIREMENTS ARE MET. 10. THAT THE BUILDING BE BAKED ENAMEL COLORED STEEL INCLUDING THE ROOF. IT IT IS STEEPER THAN A ~ IN 12 PITCH. ALSO THAT THERE BE TWO BRICK PILLARS. 4 FEET IN WIDTH ON THE FRONT CORNERS OF THE BUILD ING UP TO THE MANSARD AND BRICK A MINIMUM OF 3 FEET HIGHT AND 15 FEET FROM EACH CORNER OF THE MAIN ENTRANCE. 11. THAT A PARKING STALL IS ELIMINATED IN FRONT OF EACH EXIT FROM THE BUILDING AND THAT ALL DRIVES BE A MINIMUM OF 20 FEET IN WIDTH FREE OF OBSTRUCTION AS PER THE FIRE CHIEF'S RECOMMENDATION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Variance Request by Mark Zieska/Public Hearing Mayor Gunkel indicated that Mr. Zieska is requesting a variance of 15 feet from the side yard setback requirement of 20 feet in a C-3A zone. She noted that the Planning Commission unanimously recommended denial of the request due to the fact that the request does not meet the five standards required by the City Ordinance to grant a variance. Mayor Gunkel opened the public Hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. e COUNCILMEMBER TRALLE MOVED TO DENY THE 15 FOOT SIDE YARD VARIANCE REQUESTED BY MARK ZIESKA' BECAUSE' THE REQUEST DOES 'NOT MEET THE REQUIREMENTS OF A VARIANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Page 9 City Council Minutes April 18. 1988 6.10.Conditional Use Permit/Charles Salonek/Public Hearing Mayor Gunkel indicated that Charles Salonek is requesting a conditional use permit to build a hanger for airplanes on property he owns in conjunction with Mr. Varner and Mr. Lorenz. She indicated that the land is 40 acres in size. is located in an A-I zone and is used as a runway for the property owners. The Building and Zoning Administrator indicated that the runway is a grand fathered in nonconforming use and the petitioners wish to expand this use by adding a hanger. He noted the property has been used as a runway since 1972. Planning Commission Representative. Arlon Fuchs. indicated that the Planning Commission unanimously recommended approval of the request with certain conditions listed in the April 12. 1988. memo from the Building and Zoning Administrator. Mayor Gunkel opened the public hearing. Discussion took place regarding the fact that the runway is located on low swampy unbuildable ground. The Building and Zoning Administrator stated that the runway is located in a safe area at this time as there are no surrounding residential dwellings. He indicated that the Planning Commission has recommended a two year review of the CUP for safety measures if the area should ever be platted. The Building and Zoning Administrator stated that the owners were aware of the fact that the airport could be ordered to cease operation if it became a hazard in regards to health. safety and welfare of the surrounding area. Discussion continued regarding the fact that the airport would be used for personal use only and not commercial use. Mr. Charles Salonek indicated that it was not the intent of the owners to use the airport for commercial use in any way. There being no comments from the public. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY CHARLES SALONEK TO. BUILD AN AIRPLANE HANGER ON PROPERTY LEGALLY DESCRIBED AS THE NW~ OF THE SW% OF SECTION 9. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MINNESOTA WITH THE FOLLOWING CONDITIONS: 1. THAT THE RUNWAY IS DESCRIBED BY EASEMENT AND RECORDED WITH VARNER'S AND SALONEK' S PROPERTY. 2. THAT A MAINTENANCE AGREEMENT BE ESTABLISHED FOR THE ACCESS TO THE RUNWAY AND HANGER. . A LEGAL DESCRIPTION OF THE ACCESS MUST BE PROVIDED BY THE PEITIONERS~ THE ACCESS MUST BE A MINIMUM 7 TON DESIGNED ROAD. AT LEAST 8 FEET WIDE WITH A MINIMUM OF 14 FEET OF HEIGHT CLEARANCE AS PER RUSS ANDERSON'S RECOMMENDATION. 3. THAT THE MAXIMUM NUMBER OF PLANES USING THIS RUNWAY IS FIVE. VARNER AND SALONEK ARE RESPONSIBLE FOR CONTROLLING WHICH FIVE PLANES USE THE RUNWAY AND THAT THEY USE IT SAFELY. Page 10 City Council Minutes April 18. 1988 e 4. THAT THE RUNWAY IS NOT USED FOR ANY COMMERCIAL USE. S. THAT THE PETITIONERS ARE ALLOWED TO LIGHT THE RUNWAY WITH LANDING LIGHTS IN THE FUTURE WITHOUT AN ADDITIONAL CONDITIONAL USE PROCESS. UNTIL LIGHTING IS ACCOMPLISHED; NO 'LANDINGS OR TAKE OFFS AFTER DUSK ARE ALLOWED. 6. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS. COUNCILMlMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.11.Multiple Principal Buildings on a Lot/Chip Martin/Public Hearing Mayor Gunkel indicated that Chip Martin has currently come in ownership of property previously owned by his deceased mother. The property is described as Lot 25. Auditor's Subdivision No.3. She indicated that currently there are multiple residential dwellings located on this lot and that the buildings are a grand fathered in nonconforming use. Steve Rohlf. Building and Zoning Administrator. indicated that he and the Fire Chief inspected the property and found the dwellings to be in a hazardous state. He indicated that Mr. Chip Martin is proposing to add bathrooms to the units. e Planning Commission Representative. Rita Johnson. indicated that the Planning Commission recommended denial of the request with a 5-1 vote. She indicated the Planning Commission felt the buildings on the lot have a detrimental effect on surrounding properties and further that they constitute a safety hazard. Mayor Gunkel opened the public hearing. Mark Palmer indicated he was opposed to allowing the buildings and would like to see them condemned. There being no further comments from the public. Mayor Gunkel closed the public hearing. Mayor Gunkel indicated that numerous conditions have been found in violation of the fire and building code and these must be acted on immediately. The Building and Zoning Administrator indicated that the most immediate dangers have been taken care of. however. if the buildings are to continue to be used for residences there are numerous other dangers that must be taken care of. Mayor Gunkel indicated that approval of this application would legitimize an existing nonconforming use and the City has historically been very reluctant to take such action. e Councilmember Tralle indicated that the buildings should either be brought up to code or condemned. OOYN~nl~IU~ lJlftAM:l~ BUILDINGS ON A LOT DESCRIBED AS LOT 25. SECONDED THE MOTION. M@V~ TO VINY THI REQUEST FOR MULTIPLE PRINCIPAL REQUESTED BY. CHIP MARTIN' FOR PROPERTY LEGALLY AUDITOR'S SUBDIVISION NO.3. COUNCILMEMBER SCHULDT THE MOTION CARRIED 5-0. Page 11 e City Council Minutes April 18. 1988 6.l2.Consideration of Zone Change South of Main Street Mayor Gunkel indicated that the Council had requested that the Planning Commission review the zoning of property south of Main Street and east of Lowell Avenue which is currently zoned C-2. Planning Commission Planning Commission rezoned to C-l. Representative. Arlon Fuchs. indicated that the recommended that the property in question should be COUNCILMEMBER TRALLE MOVED TO INITIATE A ZONE CHANGE FOR PROPERTY CURRENTLY ZONED C-2. LOCATED ONE LOT DEEP SOUTH OF MAIN STREET FROM LOWELL EAST TO A C-1 ZONE AND ALSO THAT THE PROPERTY SOUTH OF THE FIRST LOT SOUTH OF MAIN STREET IN THE AREA BE ZONED R-2B. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. . 6.l3.0rdinance Amendment/Commercial Vehicles/Public Hearing Mayor Gunkel indicated that the Planning Commission requested that staff initiate an ordinance amendment to prevent large semi-trailers on small residential lots located within the core city. e Rita Johnson. Planning Commission Representative. indicated that the Planning Commission recommended approval of the ordinance amendment. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-12. AN ORDINANCE AMENDING SECTION 500.06 - PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. AS AMENDED BY ADDING THE WORDS "NONCITY SEWERED LOTS LOCATED IN A-1 AND R-1A DISTRICTS." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.l4.Previous Council Action on Dobel Administrative Subdivision Councilmember Dobel stepped down from the Council Table at this time. Mayor Gunkel indicated that the Council granted Harold Dobel an administrative subdivision in October to divide a parcel of land from his farm on a private road which crosses Burlington Northern Railroad Tracks. She noted that Burlington Northern is unwilling to grant Mr. Dobel a crossing permit. Due to this situation Mr. Dobel is now requesting to have the private drive that would access the parcel be rerouted to come across his farm from Zebulon. east to the parcel. instead of coming from County Road 35 across the Burlington Northern Railroad Tracks. north to the parc el. e COUNCILMEMBER TRALLE MOVED THAT THE ADMINISTRATIVE SUBDIVISION PREVIOUSLY GRANTED BY THE CITY COUNCIL IN OCTOBER 1987 BE AMENDED. TO. INCLUDE THE REROUTING OF THE PRIVATE ROAD WITH THE STIPULATION THAT THE PRIVATE ROAD BE CONSTRUCTED UP TO PRIVATE ROAD STANDARDS AND THAT THE REFERENCE TO THE RAILROAD CROSSING IN THE MOTION GRANTING THE ADMINISNTRATION BE STRICKEN. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 12 City Council Minutes April 18. 1988 e Councilmember Dobe1 returned to the Council Table. 7. Check Register COUNCILMlMBER HOLMGREN MOVED TO APPROVE THE CHECK REGI STER. COUNCILMlMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. Mark Palmer - Main Street Traffic Concern Mark Palmer indicated he had a concern regarding the careless driving taking place on Main Street in front of his house and also the lack of response from the Elk River Police Department. He indicated his concern regarding the fact that his children may be hit by one of the vehicles. Mr. Palmer indicated he would like to see some action taken to reduce the speed on Main Street. 8.2. Theatre Signs The Building and Zoning Administrator indicated that he has received complaints regarding the flashing. revolving lights on the theatre sign. He indicated the sign is in violation of the City's sign ordinance. e It was the consensus of the Council that the lights are excessive and beyond what is needed to portray the advertisement and also that this type of lighting is in direct violation of the Elk River Sign Ordinance. therefore. the lights should be discontinued. 8.3. City Administrator Update The City Administrator informed the Council that the Cable TV Administrator is doing a video documentary on Main Street Elk River. The City Administrator distributed a letter to the Council from MnDOT relating to the Select Highway 101 Committee. e The City Administrator informed the Council that Staff is requesting Council to decide whether or not to authorize a feasibility study regarding City services to the western part of the City. He indicated he has requested the City Engineer to prepare an outline which would show the estimated amount of hours required for the services and an estimated dollar amount. The City Administrator indicated that the City Engineer has submitted an estimate stating the number of hours to be 606 and the total estimated dollar figure to be $28.000. He indicated that if the project should go forward. all of the costs would be assessable and if the project does not go forward. the City will be responsible for the payment of the feasibility study. He further indicated that at the April Page 13 e City Council Minutes April 18. 1988 14 Utilities Commission Meeting the Elk River Utilities agreed to pay one third of the cost of the feasibility report if the project does not go through. This fee will cover the water portion of the study. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-31, A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE UTILITY EXTENSION TO THE WESTERN PORTION OF THE CITY IMPROVEMENT OF 1988. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that Staff is requesting to hire a cleaning service for the cleaning of City Hall. He indicated that City Hall needs cleaning every day and Chris Zerwas. who the Council recently hired to clean City Hall. has indicated she is not interested in working every day. The Council informed the City Administrator that the cleaning of City Hall can be an administrative decision. e The City Administrator informed the Council that the City is considering holding an informational hearing to petition for new concrete curb and gutter and sidewalk on 4th and Irving. 8.4. Mayor Gunkel Update Mayor Gunkel indicated that she felt the Council was of the consensus that the old City Hall site should be sold. She indicated the City has a responsibility to control what happens to that area as it could be a very attractive entryway to the City. The Council requested Staff to put together a request for proposal (RFP) on the property. There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 11:45 p.m. .~~/ Sandy Thackeray Deputy City Clerk .