05-16-1988 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER PUBLIC LIBRARY
MONDAY. MAY 16. 1988
Members Present: Mayor Gunkel. Councilmembers Tral1e. Holmgren. and
Dobel. Councilmember Schuldt arrived at 7:04 p.m.
Members Absent: None
Staff Present: Pat Klaers. City Administrator; Stephen Rohlf. Building
and Zoning Administrator; and Terry Maurer. City Engineer
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 5/6/88 City Council Agenda
Item 8.2 - City Administrator Update was added to the agenda.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 5/6/88 CITY COUNCIL AGENDA AS
AMENDED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED
4-0.
3.
Consideration of 5/9/88 CC Minutes
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COUNCILMEMBER TRALLE MOVED TO APPROVE THE 5/9/88 CITY COUNCIL MINUTES.
COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0.
4.
Open Mike
No one appeared before the Council for this item.
5.1. Pay Estimate #1 to PCI for Main Street Project
COUNCILMEMBER DOBEL MOVED TO APPROVE PARTIAL PAY ESTIMATE #1 TO
PROGRESSIVE CONTRACTORS. INC. FOR WORK ON THE MAIN STREET AND JACKSON
AVENUE IMPROVEMENT PROJECT. IN THE AMOUNT OF $338.970.06. COUNCILMEMBER
TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Councilmember Schuldt arrived at this time.
5.2. Resolution Ordering Public Hearing for Improvements on 4th and Irving
COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-34. A RESOLUTION
RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE
IMPROVEMENT IN THE MATTER OF THE 4TH STREET AND IRVING AVENUE IMPROVEMENT
or 1988. COUNCILMEHBER DOBEt SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
5.3. Improvement Projects Update
City Engineer. Terry Maurer. updated the Council on the progress of the
4It Main Street Improvement project.
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May 16. 1988
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6.1. Administrative Subdivision/Jerome Bromen/Public Hearing
Mayor Gunkel indicated that Mr. Jerome Bromen is requesting an
administrative subdivision to combine an approximately 4 acre parcel with
a 9.5 acre parcel.
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 APPROVE THE AD~INISTRATIVE SUBDIVISION
REQUESTED BY JEROME BROMEN TO COMBINE TWO PARCELS INTO ONE PARCEL.
LOCATED IN SECTION 33. RANGE-26. TOWNSHIP 33. WITH THE STIPULATION THAT A
NEW LEGAL DESCRIPTION BE PROVIDED TO THE CITY FOR RECORDING PURPOSES.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.2. Administrative Subdivision/Ronald Kuhn/Public Hearing
Mayor Gunkel indicated that Ronald Kuhn is requesting an administrative
subdivision to split an approximately 13 acre parcel into three parcels.
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Steve Rohlf. Building and Zoning Administrator. indicated that he has
reviewed the property and found that it does not have at least one
contiguous acre of buildable ground per lot for on-site septic and
buildings. He indicated the land is not four feet above the water table.
He further stated that in order to build on the land he would request
that fill be brought in and that soil borings be taken to prove that the
land is buildable.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter. Mayor Gunkel closed the public hearing.
Mr. Ron Kuhn
realize that
site could
requi remen t .
the site was
indicated that he was aware the property was low but did not
one acre of buildable land was required. He felt a building
be accomplished but not with the one acre per parcel
He. therefore. concluded with the Staff recommendation that
not suitable for building.
COUNCILMEMBER TRALLE MOVED TO DENY THE
REQUESTED BY RON KUHN FOR PROPERTY DESCRIBED
SE~ IN SECTION 2. TOWNSHIP 32. RANGE
SECONDED THE MOTION. THE MOTION CARRIED 5....0.
ADMINISTRATIVE SUBDIVISION
AS THE ~ OF THE SE}4 OF THE
26. COUNCILMEMBER HOLMGREN
6.3. Administrative Subdivision/Ronald Kuhn/Public Hearing
Mayor Gunkel indicated that Ronald Kuhn has requested to subdivide an 80
acre parcel of land into 4 parcels.
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Steve Rohlf. Building and Zoning Administrator. indicated that the
request is to split off three lots in the southeast corner which abut
Kliever's Marsh. He indicated that this marsh is an environmental water
protected by the DNR and that the DNR has certain requirements which must
be met to split the land. He stated that the applicant has met all DNR
requirements. Steve Rohlf indicated that there is an approximately two
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May 16. 1988
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foot tile from Trott Brook which drains into Kliever's Marsh and that
this must be protected. He further indicated that there is an overflow
from Kliever's Marsh and suggested that a 30 foot easement be left
between the two eastern most lots for drainage purposes.
Councilmember Schuldt raised a concern regarding ground water
contamination as the area is located next to the "old City dump site."
The Building and Zoning Administrator indicated that he was not aware of
any problems regarding ground water contamination.
Mayor Gunkel opened the public hearing.
Mr. Chuck Holzen questioned if there should be an easement for a pipe
going into Kliever's Marsh to protect the overflow inlet for the Marsh.
Mayor Gunkel closed the public hearing.
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COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY RONALD KUHN TO SUBDIVIDE AN 80 ACRE PARCEL OF LAND INTO FOUR
PARCELS FOR PROPERTY LOCATED. IN THE SEX OF THE NEX PLUS THE NEX OF THE
SE~ IN SECTION 2. TOWNSHIP 32. RANGE 26. WITH THE FOLLOWING STIPULATIONS.
1. THAT $600 IN PARK DEDICATION FEE BE PAID TO THE CITY FOR THE THREE
NEWLY CREATED BUILDING SITES.
2. THAT THE DEVELOPER PROVIDE THE CITY WITH FOUR NEW LEGAL DESCRIPTIONS
FOR THE FOUR PARCELS CREATED IN THIS LOT SPLIT AND THAT THOSE LEGAL
DESCRIPTIONS PROVIDE THE THREE SMALLER LOTS CREATED IN THIS SPLIT
ACCESS TO THE LAKE.
3. THAT A 30 FOOT EASEMENT BETWEEN THE LOT LINES OF THE TWO EASTERN LOTS
BE PROVIDED FOR THE OVERFLOW PIPE FROM KLIEVERS MARSH.
COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
It was the concensus of the City Council to protect the overflow inlet
for the lake when the remaining parcel of land develops.
6.4. Administrative Subdivision/Fran Coates/Public Hearing
Mayor Gunkel explained that Fran Coates is requesting an administrative
subdivision to split an approximately 20 acre parcel of land into two
parcels; one being 2~ acres and the other parcel being 17~ acres.
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Steve Rohlf. Building and Zoning Administrator. indicated that he has
reviewed the property. The larger parcel has Mrs. Coates house on it and
the smaller parcel is suitable for a septic system and building site. He
further indicated that Mrs. Coates is intending on leaving a 60 foot
easement on the north line of her 20 acres from Meadowvale Road all the
way to the east line of the 20 acres to accommodate a possible future
street.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter. Mayor Gunkel closed the public hearing.
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COUNCILMEMBER DOBEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY MRS. FRAN COATES- TO DIVIDE A 20 ACRE PARCEL OF LAND INTO TWO
PARCELS LOCATED IN THE SW~' OF THE sw}4 OF SECTION 18. TOWNSHIP 33. RANGE
26. LYING EAST OF COUNTY ROAD 32. WITH THE FOLLOWING STIPULATIONS:
1. THAT A SURVEY BE SUBMITTED TO CITY HALL SHOWING THE NEW LEGAL
DESCRIPTION FOR THE TWO NEWLY CREATED PARCELS. AND THAT THE SURVEY
VERIFY THE 25 FOOT SIDE YARD SETBACK AND THAT THE SMALLER PARCEL
CREATED IN THIS SPLIT IS A MINIMUM OF 2~ ACRES EXCLUSIVE OF ROAD
RIGHT-OF-WAY.
2. THAT $200 IN PARK DEDICATION FEES BE SUBMITTED TO THE CITY.
3. THAT MRS. COATES RECEIVE A PERMIT FROM THE COUNTY ENGINEERING
DEPARTMENT FOR THE ADDITIONAL DRIVEWAY ONTO COUNTY ROAD 32.
4. THAT AN EASEMENT OF AT LEAST 40 FEET. BE PROVIDED ON THE NORTH LINE
OF THE 20 ACRES FROM MEADOWVALE ROAD TO THE EAST LINE OF THE 20 ACRES
TO ACCOMMODATE A POSSIBLE FUTURE CITY STREET.
COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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6.5. Administrative Subdivision/Gerald Peterson/Public Hearing
Mayor Gunkel indicated that Gerald Peterson is requesting to subdivide an
approximate 58 acre parcel of land into four parcels.
Steve Rohlf. Building and Zoning Administrator. indicated that the
petitioner had requested to create 5 lots. but indicated he was told this
would not be possible according to the City Ordinance. He indicated that
the petitioner has since indicated that he will combine Parcels D & E
into one parcel. therefore. creating a total of four parcels.
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
REQUEST BY GERALD PETERSON TO SUBDIVIDE THE 56 ACRE PARCEL OF PROPERTY
LOCATED IN THAT PART OF THE N~ OF THE ~ OF SECTION 6. TOWNSHIP 33.
RANGE 26. INTO 4 PARCELS WITH THE FOLLOWING STIPULATIONS:
1. THAT PRIOR TO RECORDING THIS SPLIT GERALD PETERSON MUST SIGN THE
APPLICATION AS FEE OWNER~
2. THAT AN ADDITIONAL 16.5 FEET OF EASEMENT IS GRANTED TO THE CITY ALONG
227TH AVENUE AND ALSO THAT 66FEET OF EASEMENT IS DEDICATED TO THE
CITY FROM THE EASTERN BOUNDARY OF THE 1.35 ACRE PIECE OF PARCEL C TO
COUNTY ROAD /132.
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3. THAT THE COUNTY ENGINEERING DEPARTMENT HAS APPROVED THE ADDITIONAL
DRIVEWAYS ONTO COUNTY ROAD 132 FOR PARCELS B AND E AND THAT A PERMIT
FOR THOSE DRIVEWAYS MUST BE OBTAINED FROM THE COUNTY ENGINEERING
DEPARTMENT. THAT THE COUNTY IS GIVEN 50 FEET OF RIGHT-OF..;..WAY FROM
THE CENTER LINE OF COUNTY ROAD //32. LASTLY. THAT PARCEL C HAS ITS
DRIVEWAY ONTO 227TH AVENUE UNLESS ACCESS TO COUNTY ROAD 32 IS
APPROVED BY THE COUNTY ENGINEERING DEPARTMENT.
4. THAT $600 IN PARK DEDICATION FEE BE PAID TO THE CITY FOR THE EXTRA
LOTS CREATED IN THIS SPLIT..
5. THAT ONLY FOUR LOTS BE APPROVED IN THIS SPLIT.
6. THAT THE PETITIONER PROVIDE THE CITY WITH FOUR NEW LEGAL DESCRIPTIONS
FOR RECORDING.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.6. Administrative Subdivision/Shane Groth/Public Hearing
It
Mayor Gunkel indicated that Mr. Shane Groth is requesting to divide one
parcel into two. She explained that the parcel is located on the curve
on Main Street. The curve is being taken out of the Street during the
reconstruction of Main Street and put in its original position. thereby.
creating a buildable lot by removing the road from Mr. Groth's property.
Mayor Gunkel opened the public hearing.
Mr. John McGibbon questioned whether the City should hold a public
hearing vacating the road prior to the subdivision of the property. Mr.
McGibbon registered his complaint regarding the City holding the
subdivision public hearing without first notifying the public of the
intent to vacate the easement.
Mr. Loren Beck objected to a house being put on the corner lot where the
road right-of-way is located.
Steve Rohlf. Building and Zoning Administrator. indicated that he is
unsure as to whether the proceedings for an easement vacation must take
place as the City may never have legally acquired the easement.
The City Administrator suggested that the Council table the
Administrative Subdivision. provided a hardship is not placed on the
applicants by this action. until such time that Staff can consult with
the City Attorney to determine whether vacation proceedings must take
place.
Mayor Gunkel closed the public hearing.
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COUNCILMEMBER TRALLE MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION UNTIL
A DETERMINATION CAN BE MADE AS TO WHETHER OR NOT. VACTION PROCEEDINGS MUST
TAKE PLACE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
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6.7. Variance/Paul Krause/Public Hearing
Mayor Gunkel indicated that Paul Krause is requesting to add a face to a
legal nonconforming advertising structure to advertise the Pinewood Golf
Course.
Stephen Rohlf. Building and
Krause is requesting to add
located on Highway 10. He
nonconforming use. therefore.
use.
Zoning Administrator. indicated that Mr.
a face to the existing Dairy Queen sign
stated that the DQ sign is already a
the request is to expand a nonconforming
Peter Kimball. Planning Commission Representative. indicated that the
Planning Commission felt the request met the five standards for a
variance and the 3 standards for a nonconforming use and unanimously
recommended approval of the request.
Mayor Gunkel opened the public hearing. There being no one for or
against the request. Mayor Gunkel closed the public hearing.
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COUNCILMEMBER TRALLE MOVED TO APPROVE THE REQUEST OF AN EXPANSION OF A
NONCONFORMING USE BY PAUL KRAUSE TO ALLOW THE ADDITION OF A FACE ON THE
EXISTING DAIRY QUEEN SIGN TO ADVERTISE THE PINEWOOD GOLF COURSE WITH THE
FOLLOWING CONDITIONS:
1. THAT THE SMALL EXISTING PlNEWOOD SIGN BE REMOVED.
2. THAT THIS REQUEST BE REVIEWED IN THREE YEARS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.8. Variance/Houle Oil/Public Hearing
Mayor Gunkel indicated
sq. foot encroachment
standing business sign.
that Houle Oil Company. Inc. is requesting a 28
on the 64 square foot maximum size of a free
The Building and Zoning Administrator indicated that Houle Oil Company is
currently under the square footage allowance for wall signage.
Planning Commission Representative. Bob Morton. indicated that the
Planning Commission recommended approval with the stipulation that the
total amount of wall signage allowed be reduced by 28 square feet.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter. Mayor Gunkel closed the public hearing.
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COUNCILMEMBER SCHULDT MOVED TO APPROVE THE REQUEST FOR A 28 FOOT VARIANCE
TO THE MAXIMUM SIZE OF A FREESTANDING SIGN WITH THE FOLLOWING CONDITIONS:
1. THAT THE EXISTING TALLY HO SIGN BE REMOVED.
2. THE OVERALL TOTAL WALL SIGNAGE ALLOWED SHALL BE REDUCED BY 28 SQUARE
FEET ALLOWED FOR THE FREESTANDING SIGN.
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COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.9. Zone Change Request by Assembly of God Church/Public Hearing
Mayor Gunkel
zone change
Street) from
residential.
indicated that the Assembly of God Church is requesting a
for the property theie building is located on (1230 School
a R-4/Mu1ti-Fami1y Residential to R-IC/Sing1e Family
Planning Commission Respresentative. Peter Kimball. indicated the
Planning Commission felt the use was going from an intensive use to a
less intensive use and therefore. unanimously recommended approval.
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 ADOPT ORDINANCE 88-14 AN ORDINANCE AMENDING
THE CITY OF ELK RIVER.ZONING MAP TO ZONE CERTAIN PROPRTY FROM R- 4 TO
R-IC. COUNCILMEMBER HOLMGREN.. SECONDED THE MOTION. THE MOTION CARRIED
5-0.
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COUNCILMEMBER TRALLE MOVED TO CHANGE THE LAND USE MAP TO SHOW THE ENTIRE
AREA AS BEING MR!MEDIUM' DENSITY. RESIDENTIAL. COUNCILMEMBER DOBEL
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.10.Zone Change/Harold Novotny & Ron Kuhn/Public Hearing
Mayor Gunkel indicated that Mr. Kuhn and Mr. Novotny are requesting a
zone change from A-I to R-IA for property located in the E~ of Section 1.
Township 32. Range 26. Mayor Gunkel did indicate that Farmers Home
Administration is actually the fee owner of the property. however. Mr.
Novotny and Mr. Kuhn have both signed an application to purchase the
property.
Planning Commissioner. Bob Morton. indicated 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 HOLMGREN MOVED TO TABLE THE ZONE CHANGE UNTIL THE
APPLICANTS OF THE REQUEST ARE ACTUALLY THE FEE OWNERS OF THE PROPERTY.
COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.11.Pre1iminary Plat Review of "Hidden Creek Country Estates"/Pub1ic Hearing
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Mayor Gunkel indicated that the plat of Hidden Creek is proposed by Ron
Kuhn and is located in an A-I district. She indicated that the previous
zoning request by Ron Kuhn and Harold Novotny was for the property on
which this plat is proposed. She also indicated that the plat consists
of 54 non-city sewered and watered lots.
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Steve Rohlf. Building and Zoning Administrator. indicated that all lots
meet building requirements and front footage requirements for an R-1a
zone except for Lot 7. Block 1.
Planning Commission Representative. Peter Kimball. indicated that the
Planning Commission heard a lot of public discussion on the plat. He
also indicated that the Planning Commission agreed that the plat would
impact on Fillmore Street. The Planning Commission unanimously
recommended approval of the plat.
Mayor Gunkel opened the public hearing.
Ron Kuhn indicated that he felt the impact fee for the improvement of
Fillmore was unfair. He indicated that only one of the 54 lots will abut
Fillmore. Mayor Gunkel indicated that the plat can only be accessed by
Fillmore Street. therefore. 54 homes will be using the road and the road
is not built for this type of traffic. She indicated the impact fee will
be used only for the purpose of upgrading Fillmore.
Counci1member Tra11e indicated he agreed with the impact fee to improve
Fillmore because it would be unfair to the people living on Fillmore to
carry the burden with the addition of 54 households.
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Ron Kuhn questioned the
indicated that most people
from the bright lights.
for safety purposes and
reasoning for requiring street lights. He
moving out to the "country" do so to get away
Mayor Gunkel indicated that street lighting is
indicated that the lights need not be bright.
Discussion took place on Lot 7. Block 1. It was the consenses of the
Council to allow the 135 foot frontage on Lot 7. Block 1. due to the fact
that the building site is limited because of UPA easements. It was the
consensus that a variance would not be needed for this lot as it met the
City exception to the frontage requirement.
Mayor Gunkel closed the public hearing.
COUNCILMEMBER TRALLE MOVED TO APPROVE THE PRELIMINARY PLAT OF HIDDEN
CREEK COUNTRY ESTATES WITH THE FOLLOWING CONDITIONS:
1. THAT AN IMPACT FEE OF $300 PER LOT BE CHARGED FOR THE IMPROVEMENT OF
FILLMORE STREET AND ALSO $200 PER LOT FOR THE FIRST SEAL COATING OF
THE ROADS WITHIN THE PLAT.
2. THAT THE APPROVAL OF THE PLAT BE CONTINGENT UPON A ZONE CHANGE BEING
APPROVED TO Rl-A/SINGLE FAMILY RESIDENTIAL.
3 . THAT THE FINAL DETAILS ON THE ROAD. DRAINAGE. AND GRAD ING PLANS BE
APPROVED BY THE CITY ENGINEER.
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4. THAT $10.800 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE 54
LOTS CREATED IN THE PLAT.
S. THAT IT BE THE RESPONSIBILITY OF THE DEVELOPER TO OBTAIN A DNR
PERMIT. SHOULD DRAINAGE FROM THE PLAT DISCHARGE INTO TROTT BROOK.
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May 16. 1988
6. THAT THE 135 FEET OF FRONTAGE ON LOT 7. BLOCK 1. BE CONSIDERED
SUFFICIENT.
7. THAT PERK TESTS BE REQUIRED THROUGHOUT THE PLAT AND THAT SOIL BORINGS
BE REQUIRED ON LOTS 13 - 24. BLOCK 1: AND LOTS 11.& 13. BLOCK 2. AND
FURTHER THAT THE REQUIREMENT OF SOIL BORINGS ON THE REMAINING LOTS BE
LEFT TO THE DISCRETION OF THE BUILDING INSPECTOR.
8. THAT THE URBAN RUNOFF AND EROSION CONTROL HANDBOOK BE USED AS A
STANDARD FOR CONTROLLING EROSION WITHIN THE. PLAT.
9. THAT STREET LIGHTING BE REQUIRED WITH THE LOCATION TO BE LEFT AT
STAFF DISCRETION~
10. THAT AN $80.000 LETTER OF CREDIT FOR THE IMPROVEMENTS AND A
DEVELOPERS AGREEMENT BE REQUIRED. .
11. THAT CURVE WARNING SIGNS BE REQUIRED PER THE CITY ENGINEER'S
RECOMMENDATION.
12. THAT PERMISSION BE OBTAINED FROM UPA FOR THE PLACEMENT OF SEPTIC
SYSTEMS WITHIN THEIR POWER LINE EASEMENTS..
COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.12.Preliminary Plat/Riverview Place/Dennis Anderson/Public Hearing
Mayor Gunkel indicated that Dennis Anderson is requesting preliminary
plat review of the plat of Riverview Place.
Steve Rohlf. Building and Zoning Administrator. indicated that the plat
is located in an R-2B zoned area. He stated that the plat is proposed to
be a four unit zero lot lined townhouse. He indicated that there are no
improvements to be accepted by the City. therefore. there is no need for
a developer's agreement.
Planning
Planning
plat.
Commission Representative. Bob Morton. indicated that the
Commission unanimously recommended approval of the preliminary
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 APPROVE THE PRELIMINARY PLAT OF RIVERVIEW
PLACE WITH THE FOLLOWING STIPULATIONS:
1. THAT APPROVAL 01' THI PLAT IS CONTINGENT UPON THE DNR APPROVING FOUR
UNITS ON THE PARCEL. .. " "
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2. THAT A DEVELOPERS AGREEMENT AND LETTER OF CREDIT ARE NOT REQUIRED FOR
THIS PLAT. THE TOWNHOUSE ASSOCIATION AGREEMENT AND THE TOWNHOUSE
BYLAWS MUST BE APPROVED BY THE CITY ATTORNEY; AND FURTHER THAT THE
DEVELOPERS POST A BOND WITH THE STREET SUPERINTENDENT TO ASSURE
REPAIR OF ANGEL STREET AFTER THE SEWER AND WATER LINES FOR THE PLAT
ARE CONNECTED TO THE CITY SEWER AND WATER.
3. THAT SEWER AND WATER LINES FOR THE PLAT ARE PROPOSED TO BE PRIVATE
AND MAINTAINED BY THE TOWNHOUSE ASSOCIATION AND THE DESIGN OF THE
SEWER AND WATER LINES SHOULD BE APPROVED BY THE CITY ENGINEER AND
THAT THE MPCA PERMIT TO EXTEND THAT SEWER LINE SHOULD BE OBTAINED BY
THE DEVELOPER.
4. THAT THE STRUCTURES WITHIN THE PLAT ARE BUILT 1 FOOT ABOVE THE 100
YEAR FLOOD ELEVATION AND THAT ELEVATION MUST EXTEND FOR 15 FEET
AROUND THOSE STRUCTURES; AND THAT THE ACCESS TO THE UNITS WITHIN THE
PLAT MUST NOT BE MORE THAN 1 FOOT BELOW THE 100 YEAR FLOOD ELEVATION.
5. THAT $600 IN PARK DEDICATION FEE BE PAID TO THE CITY FOR THE THREE
NEWLY CREATED LOTS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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6.13.Final Plat/Oak Knoll/Bob Harris
Mayor Gunkel indicated that Mr. Bob Harris is requesting final plat
approval of the second phase of Oak Knoll Plat which consists of six non-
city sewered and watered single family lots.
Steve Rohlf. Building and Zoning Administrator. indicated that the
property lies within an R-1b zone. He indicated that the first phase of
the plat received Council approval on April 28. 1987.
COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PLAT OF THE SECOND PHASE
OF OAK KNOLL WITH THE FOLLOWING STIPULATIONS:
1. THAT PERK TESTS BE REQUIRED ON ALL LOTS IN OAK KNOLL SECOND ADDITION
PRIOR TO BUILDING PERMIT ISSUANCE.
2. THAT NO ADDITIONAL PARK DEDICATION OR PLATTING FEES BE ASSOCIATED
WITH OAK KNOLL SECOND ADDITION BECAUSE THE CITY ACCEPTED PARK LAND IN
LIEU OF THESE FEES.
3 . THAT THE STREET NAMES WITHIN THE PLAT BE DETERMINED BY STAFF.
4. THAT THE FINAL PLAT BE DATED.
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5. THAT THE URBAN RUNOFF AND EROSION CONTROL HANDBOOK BE USED FOR A
STANDARD FOR CONTROLLING EROSION WITHIN THE PLAT.
6. THAT THERE BE A MINIMUM OF A 25 FOOT RADIUS ON THE CONNECTION TO WACO
STREET.
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7. THAT A $15,000 LETTER OF CREDIT BE SUBMITTED TO THE CITY.
8. THAT THE RUNNING SURFACE OF THE STREET WITHIN THE PLAT BE A MINIMUM
OF 32 FEET WIDE FACE OF BERM~ TO FACE OF, BERM; AND THAT THE ROAD IS AN
URBAN SECTION 'WITH A SEVEN TON DESIGN. -
9. THAT THE SLOPE ON THE CUL-DE-SAC BE INCREASED TO 1%.
10. THAT IT BE THE RESPONSIBILITY OF THE CONTRACTOR TO COORDINATE
INSPECTIONS ON THE ROAD WITH THE CITY ENGINEER~'
11. THAT A DEVELOPERS AGREEMENT BE ENTERED INTO AND THAT THE DEVELOPER
SUPPLY THE CITY - WITH A TITLE OPINION 'IN 'FAVOR OF THE CITY FOR THE
CITY ATTORNEY'S REVIEW.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.14.Zone Change Request by Barton Sand and Gravel/Public Hearing
Mayor Gunkel opened the public hearing. She explained that Barton Sand
and Gravel have withdrawn their request. Mayor Gunkel then closed the
public hearing.
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6.15.Conditiona1 Use Permit/Barton Sand and Gravel/Public Hearing
Mayor Gunkel opened the public hearing. She explained that Barton Sand
and Gravel have withdrawn this request also. Mayor Gunkel then closed
the public hearing.
6.16.At1as Withdrawal
Building and Zoning Administrator. Steve Rohlf. informed the Council that
Atlas Incinerators has withdrawn their request for a conditional use
permit. zone change and solid waste facility license for a waste burining
facility to be located on Lot 7. Block 1. of the Elk River Industrial
Park.
COUNCILMEMBER TRALLE MOVED TO CLOSE THE PUBLIC HEARING FOR THE ATLAS
CONDITIONAL USE PERMIT REQUEST, ZONE CHANGE REQUEST, AND SOLID WASTE
FACILITY LICENSE REQUEST WHICH WAS HELD ON JANUARY 4, 1988. DUE TO THE
FACT THAT ATLAS HAS WITHDRAWN THEIR REQUEST. COUNCILMEMBER SCHULDT
SECONDED THE MOTION. THE MOTION' CARRIED 5-0.
7. Check Register
~YN~ItM~ER T~LI MOVID TO APPROVE THE CHECK REGISTER. COUNCILMEMBER
SCHULDT SECONDED THE MOTION., THE. MOTION CARRIED 5-0.' ,
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8. Other Business
8.1. City Administrator Update
The City Administrator informed the Council that the Recreation Board met
on Tuesday. May 10. 1988, and made the following recommendations:
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May 16. 1988
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A. Water Skiing Course on Lake Orono
The Recreation Board concurred that a water skiing course on the
north side of Lake Orono could be allowed provided it was not on a
permanent basis. It was further decided that liability insurance
must be provided and if problems do occur. these problems must be
discussed with City Staff. It was further noted that this would not
be allowed on the south side of Highway 10.
Counci1member Dobe1 indicated that there are large stumps on the west
side of the lake and indicated he did not want the City to be liable
for any injuries.
B. Phone Installation/Orono Park
The Recreation Board concurred that a phone should be installed at
Orono Park at a location convenient to both the softball people and
the people using the park.
C.
Life Guard/Orono Park
e
The Recreation Board agreed that the proposition of a lifeguard at
Lake Orono needs to be evaluated. but felt that it should not be
seriously considered until 1989.
D.
Park Equipment
The Recreation Board
Dedication Fees) for
park.
consented to use capital outlay monies (Park
park equipment for Orono Park and Lions
E. Park Names
It was the consensus of the Park Board to name the small neighborhood
parks after the developments so that the parks are associated with
the development. It was also the consensus to have a contest to name
Wilderness park and the park land owned by the City which was the old
City dump. It was indicated that a contest may be coordinated with
the Community Fesitva1 or else the 4th of July celebration.
F. Handke Warming House Shelter
The Recreation Board requested the Council to authorize the City
staff to investigate the cost that would be incurred to construct a
new warming shelter.
e
The City Administrator indicated
position of "Zoning Assistant"
Zoning Department.
that -Staff is requesting that a new
be added to City Hall to assist in the
e
e
e
Page 13
City Council Minutes
May 16. 1988
The Council discussed this item and it was the general consensus that
another person is required to adequately serve the public.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE STAFF TO ADVERTISE AND HIRE
A ZONING ASSISTANT 'AT A' SALARY RANGE, OF- - $20.000 TO $26.000.
COUNCILMEMBERTRALLE SECONDED-THE MOTION;
Counci1member Schuldt indicated that the Council should review the job
description prior to the hiring of the position.
COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION BY STATING THAT THE
MOTION IS CONTINGENT UPON THE JOB DESCRIPTION BEING-APPROVED BY THE CITY
COUNCIL. COUNCILMEMBER TRALLE SECONDED THE AMENDMENT. THE AMENDMENT TO
THE MOTION CARRIED 5-0.
THE MOTION AS AMENDED CARRIED 5-0.
9. 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 10:15 p.m.
'"
Sandy Thac eray
Recording Secretary