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06-20-1988 - CC MIN e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JUNE 20. 1988 MEMBERS PRESENT: Mayor Gunkel. Councilmembers Schuldt. Tralle and Dobel MEMBERS ABSENT: Councilmember Holmgren 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Gunkel. 2. Consideration of 6/20/88 City Council Agenda Item 5.5 - No Parking Signs on Highway 169 and Item 6.25 - Mayor Gunkel were added to the Agenda. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 6/20/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4- O. 3.1. Consideration of 6/6/88 Board of Review Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 6/6/88 BOARD OF REVIEW MINUTES AS PRESENTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. e 3.2. Consideration of 6/6/88 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 6/6/88 CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared before the Council on this item. 5.1. 4th & Irving/Continued Public Hearing Mayor Gunkel indicated that this public hearing has been tabled from the 6/6/88 City Council Meeting in order to allow the Engineer to further investigate the situation. Discussion had been held regarding the saving of existing healthy trees on the boulevard. Terry Maurer. City Engineer. stated he is proposing a 40 to 42 foot width street on 4th Street. He indicated that on Irving Avenue he is proposing a 40 foot street with the removal of the existing trees in order to accommodate this width. e Mr. Russ Bradway 612 4th Street. questioned whether the trees on 4th Street would be removed. He indicated they were elm trees and one of them was infected with Dutch Elm Disease. The City Engineer indicated that he is recommending removal of the trees to avoid street and sidewalk damage when these trees need to be removed in the future because of Dutch Elm Disease. Page 2 City Council Minutes June 20. 1988 e Mr. Ken Pipenhagen indicated that he would prefer to save at least one of the trees on his boulevard. Mr. Bradway recommended that the Council deny the project and that the roads be replaced as they were. Mr. Pipenhagen and Mr. Clyde Ostrander agreed with Mr. Bradway. Councilmember Schuldt questioned why boulevard area was being maintained in the commercial area. The City Engineer indicated that it was the intention to maintain the existing character of the area. Councilmember Tralle indicated that the City Council had an obligation to preserve and enhance the safety of the intersections. He stated that there is a safety concern regarding the school children in the area. He also indicated that there is a need for parking on the street and it will increase as the area develops commercially. He stated he was in favor of the project as presented by the City Engineer. COUNCILMEMBER TRALLE MOVED TO APPROVE THE FOURTH STREET AND IRVING PROJECT WHICH INCLUDES THE CONSTRUCTING OF A NEW 40 FOOT STREET ON IRVING AND 4TH STREET AND CURB. GUTTER. AND SIDEWALK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. e Councilmember Schuldt questioned how close the sidewalk would be if one tree was preserved in front of the Barber Shop. It was stated that this may cause the building and sidewalk to be within a few feet of each other. An option would be to eliminate the boulevard. THE MOTION FAILED 1-3. COUNCILMEMBERS SCHULDT AND DOBEL AND MAYOR GUNKEL VOTED AGAINST THE MOTION. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONSTRUCTION OF A 40 FOOT STREET ON IRVING AVENUE. WITH THE REMOVAL OF ONE TREE ONLY. THEREBY RETAINING ONE TREE. AND THAT CURB AND GUTTER AND SIDEWALK BE CONSTRUCTED ON THE WEST AND EAST SIDE WITH THE ELIMINATION OF THE BOULEVARD IF NECESSARY IN ORDER TO RETAIN ONE TREE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHULDT MOVED TO GO AHEAD WITH THE CONSTRUCTION OF A 40 FOOT STREET ON FOURTH STREET AS RECOMMENDED BY THE CITY ENGINEER. WITH THE EXCEPTION THAT THE ELM TREES BE REMOVED AND THE MAPLE TREE BE RETAINED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4- o. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-35. A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE FOURTH STREET AND IRVING AVENUE IMPROVEMENTS. COUNCILMEMBER DOBEL SECONDED THE MOTION ~ . THE MOTION CARRIED 4-0. e Page 3 City Council Minutes June 20. 1988 e 5.2. Fillmore Street Feasibility Study/Resolution COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-45. A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE FILLMORE STREET IMPROVEMENT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Preliminary Feasibility for Orono Road Improvement Mayor Gunkel Gospodor for lake lots. stated that the City had received a petition from Dominic the relocation of Orono Road in order to create buildable COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-46. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE ORONO ROAD IMPROVEMENT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Administrator noted that this study would be dealt with in conjunction with the feasibility study for the western area improvements. e 5.4. 1988 Street Improvement Program Phil Hals. Street Superintendent. presented to the City Council a street seal coating plan. He indicated this was planned for in the 1988 budget and the funds will come from the General Fund. Infrastructure and Reserve Funds. The areas to be included in the seal coating program include: Greenhead I. II. and III; Heavenly Hills; Brentwood; Deerfield I; Wilderness Acres; East Main Street; and Gates/Freeport Avenue. The estimated cost is $60.000. COUNCILMEMBER PROJECTS ON THE MOTION. TRALLE MOVED TO AUTHORIZE THE BIDS FOR THE SEAL COATING THE DESIGNATED DEVELOPMENTS. COUNCILMEMBER DOBEL SECONDED THE MOTION CARRIED 4-0. The Street Superintendent indicated that certain areas of road in the City are in need of patching prior to the seal coating and requested to have the work done by a contractor. It was the consensus of the City Council to obtain quotes for the patching work. Discussion was held regarding the condition of Orono Road from the bridge going west. The Street Superintendent indicated that a light overlay could be done to improve the road. 5.5. Agenda Addition - Highway 169 Parking e Councilmember Tralle informed the Street Superintendent that trucks have been parking on the shoulder of Highway 169 and walking to the fast food restaurants. He questioned whether no parking signs could be put in the area along Highway 169. The Street Superintendent indicated he would check with Mn/DOT regarding this matter. Page 4 City Council Minutes June 20. 1988 e 6.1. TIF #5 Alltool/Public Hearing Dick Fursman. Economic Development Coordinator. presented TIF Plan #5 to the City Council. He stated that Alltool Manufacturing would like to expand their business. and to facilitate the expansion they will need financial assistance. The new construction will generate in excess of $400.000 in taxes over the next 8 years. The City will use $225.000 to purchase the land for Alltool. Alltool currently employs 125 people and plans on hiring approximately 30 to 50 new employees with the expansion. This project would not be feasible without the use of this program. Mayor Gunkel indicated that the Tax Increment Financing Plan #5 has been submitted to both the School District and the County within the required time limit and that neither have responded to the plan. She further indicated that the Economic Development Coordinator would be attending a County Board meeting to discuss the plan with the County Commissioners. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-47. A RESOLUTION APPROVING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.5. ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. S. AND DIRECTING CITY STAFF TO IMPLEMENT TAX INCREMENT FINANCING DISTRICT NO. S. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1~.Agenda Addition - Mayor Gunkel Mayor Gunkel indicated that she would like to see the City offer some type of help to the businesses that were destroyed in the fire by using the EDA and HRA to the fullest capacity. Dick Fursman. Economic Development Director. indicated that he would be contacting the businesses to offer assistance by the City of Elk River. 6.2. EDA Bylaws COUNCILMEMBER TRALLE MOVED TO TABLE THIS ITEM TO ANOTHER COUNCIL MEETING DUE TO THE FULL AGENDA. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Consideration of Special Assessment Deferral Policy Mayor Gunkel indicated that City Staff has been working on a policy relating to the deferral of special assessments. She indicated that for Council consideration was an Ordinance amendment. resolution and application all applying to deferral of special assessments. She noted that the resolution was a form which would be adopted by Council for each deferral case. e COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-17. AN ORDINANCE PROVIDING FOR THE DEFERRAL OF SPECIAL ASSESSMENTS BASED UPON HARDSHIP. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Page 5 City Council Minutes June 20, 1988 e 6.4. Consideration of Transient Merchant License/Public Hearing Mayor Gunkel indicated educational books in Company. that Paul Elk River Niemann is requesting to sell as an employee of the Southwestern Mayor Gunkel opened the public hearing. There being no one for or against the matter, Mayor Gunkel closed the public hearing. Councilmember Tralle indicated that Mr. Niemann has been selling in the City prior to the Council granting the license. It was indicated by the Deputy City Clerk that Mr. Niemann had been informed that he could not sell in the City until he received a transient merchant license. COUNCILMEMBER TRALLE MOVED TO DENY A TRANSIENT MERCHANT LICENSE TO PAUL NIEMANN AS HE HAS BEEN IN DIRECT VIOLATION OF THE CITY'S ORDINANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Temporary Liquor License/Chamber of Commerce 6.6. Cigarette License for North Star Service e 6.7. Gambling License Renewal/Elk River Ducks Unlimited COUNCILMEMBER TRALLE MOVED TO GRANT A TEMPORARY NON-INTOXICATING MALT LIQUOR LICENSE TO THE CHAMBER OF COMMERCE FOR JULY 3 AND JULY 4, WITH THE STIPULATION THAT THE FEE BE WAIVED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER TRALLE MOVED TO GRANT A CIGARETTE LICENSE TO NORTH STAR SERVICE CENTER LOCATED AT 16501 HIGHWAY 10. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. It was the consensus of the City Council to take no action on the renewal of the Gambling license for Elk River Ducks Unlimited to operate at the Elk River Bowl. 7.1. Administrative Subdivision/Earl Greer/Public Hearing Mayor Gunkel indicated that Mr. Earl Greer is requesting to divide a 5 acre parcel of land into two 2~ acre parcels. The property is in the Heavenly Hills area which is zoned A-1. The property in question is out of the 10 acre moratorium area. 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 ADMINISTRATIVE SUBDIVISION REQUEST BY EARL GREER TO SUBDIVIDE A 5 ACRE PARCEL LEGALLY DESCRIBED AS: THE E~ OF TH S~ OF TH SE~ OF THE SWX, SECTION 14, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, INTO TWO 2~ ACRE PARCELS. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Page 6 City Council Minutes June 20. 1988 e 7.2. Administrative Subdivision/Duane Morda1/Pub1ic Hearing Mayor Gunkel indicated that Duane Morda1 is requesting an administrative subdivision to create two city sewered and watered lots from three lots. Steve Rohlf. Building and Zoning Administrator. indicated that the Council approved the same property being split into three lots on June 15. 1987. however. this was never recorded. 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 ADMINISTRATIVE SUBDIVISION REQUEST BY DUANE MORDAL TO CREATE TWO CITY SEWERED AND WATERED LOTS OUT OF THREE LOTS FOR PROPERTY LEGALLY DESCRIBED AS THAT PART OF AUDITOR'S SUBDIVISION NO.3. WITH THE STIPULATION THAT TWO NEW LEGAL DESCRIPTIONS BE PROVIDED TO THE CITY FOR RECORDING PURPOSES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. It was the consensus of the Council to refund $200 in park dedication fee to Mr. Morda1. as this was paid previously when the first request was made to divide the land into three lots. It was noted that this fee would be refunded only if the subdivision granted by Council on June 15. ~ 1987. was not recorded. 7.3. Multiple Principle Buildings per Lot/Elk River Machine/Public Hearing 7.4. Administrative Subdivision/Elk River Machine/Public Hearing Mayor Gunkel indicated that Elk River Machine is requesting to combine four parcels into one lot in order to construct a second manufacturing building on that lot. She indicated that they are also requesting approval for two principle buildings on one lot. Duane Kropuenske. Planning Commission representative. indicated that the Planning Commission reviewed this item at a special Planning Commission Meeting. He noted the Planning Commission had a concern regarding the screening of the park from the industrial site. He indicated there is a berm but it does not fully screen the park or Jackson Avenue. Mr. Kropuenske indicated that the owner of Elk River Machine had informed him that when the City purchased the property it was the intention of the City to plant trees for screening; however. this was not done as it was a verbal agreement with a previous City Administrator. Due to this the Planning Commission recommended that the City plant the trees on Elk River Machine'~ property. 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 ADMINISTRATIVE SUBDIVISION REQUESTED BY ELK RIVER MACHINE TO COMBINE FOUR PARCELS INTO ONE LOT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Page 7 City Council Minutes June 20. 1988 e COUNCILMEMBER DOBEL MOVED TO APPROVE THE REQUEST FOR MULTIPLE PRINCIPAL BUILDINGS PER LOT REQUESTED BY ELK RIVER MACHINE WITH THE FOLLOWING STIPULATIONS AS RECOMMENDED BY THE PLANNING COMMISSION: 1. THAT ONE PARKING STALL BE ELIMINATED BY THE ENGINEERING OFFICE AS PER THE FIRE CHIEF'S RECOMMENDATION. 2. THAT THE DRIVE AREAS DESIGNATED ON THE SITE PLAN BE A MINIMUM OF 20 FEET WIDE. 3. THAT THE CITY FURNISH AND PLANT TREES ALONG THE NE PROPERTY LINE OF ELK RIVER MACHINE AND THAT THEY BE PLANTED IN A DIAGONAL LINE TO SCREEN THE OPERATION FROM JACKSON AVENUE. 4. THAT THE PARKING STALLS NEAR THE ENGINEER'S OFFICE BE BLACKTOPPED AND STRIPED. COlJNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.5. Variance/Mark Coombs/Public Hearing e Mayor Gunkel indicated that Mr. Mark Coombs is requesting a 120 foot encroachment on the 300 foot setback required from neighboring residences in order to build an agricultural building which will be used to house horses. The Building and Zoning Administrator indicated that Mr. Coombs claims that he was informed by City Staff that he did not need a building permit and that he could start construction. Mr. Rohlf informed the Council he was not aware of anyone in his department giving this information to Mr. Coombs. Planning Commissioner Johnson indicated that the Planning Commission unanimously recommended denial because the variance request did not meet the five necessary standards for granting a variance. Mayor Gunkel opened the public hearing. William Osborn of 18763 Cleveland stated the encroachment would affect his home as the front of his house would be further back from the road than the horse barn and it will depreciate his property value. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO DENY THE 120 FOOT VARIANCE REQUEST BY MR. MARK COOMBS TO CONSTRUCT AN AGRICULTURAL BUILDING BECAUSE THE REQUEST DID NOT MEET THE FIVE NECESSARY STANDARDS FOR GRANTING A VARIANCE. COUNCILMEMBER DOBEL SECONDED THE MOTION. .. THE MOTION CARRIED 4-0. ~ 7.6. & 7.7. Ordinance Amendments/Public Hearing Steve Rohlf. Building and Zoning Administrator indicated that Staff is proposing two ordinance amendments. The first is to amend Section 900.16(2) which would delete temporary real estate offices as a Page 8 City Council Minutes June 20. 1988 e conditional use within R-1 and R-2 zones. He indicated this is to ensure that real estate offices. which are commercial uses. are not operated in a residential zone. The second amendment is to Section 900.08 which would add a definition of model homes to the definition section of the zoning ordinance. Commissioner Johnson indicated that the Planning Commission recommended that temporary real estate offices be deleted as a conditional use in R-l and R-2 zones as this is not an appropriate use in a residential area. Councilmember Dobel indicated that he agreed Commission's recommendation. with the Planning Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Council discussion pursued regarding the extent of a real estate operation in a model home and the fact that it is essential to have some facet of a real estate office in these homes. It was the consensus of the Council that the definition of model homes covers the necessary operations required by the builders to sell homes and to conduct a small amount of business from the model homes. e COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 88-18. AN ORDINANCE AMENDING SECTION 900.16 - CONDITIONAL USES BY DISTRICT. SUBSECTION (2) R/l AND R/2 RESIDENTIAL DISTRICTS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-19. AN ORDINANCE AMENDING SECTION 900.08 - DEFINITIONS. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER TRALLE MOVED TO AUTHORIZE STAFF TO MAKE REVISIONS TO THE ORDINANCE REGARDING PERFORMANCE STANDARDS FOR MODEL HOMES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.8. Conditional Use Permit/New Creations Homes/Public Hearing Mayor Gunkel indicated that New Creation Homes is requesting a conditional use permit to allow a temporary real estate office on Lot 9. Block 4. Brentwood Addition. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. e Discussion was held regarding the request. It was indicated by Staff that the operation fit the definition of a model home. Council felt that with the previously adopted ordinance amendment a conditional use permit was not necessary and that the operation fit the definition of a model home. Page 9 City Council Minutes June 20. 1988 e COUNCILMEMBER TRALLE MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT BY NEW CREATION HOMES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.9. Signage Request for Big Wheel Auto Mayor Gunkel indicated that Big Wheel Auto is requesting a freestanding sign 48 feet in height and 168 square feet in size. They are also requesting wall signage for their building which has five potential occupants. Steve Rohlf. Building and Zoning Administrator. indicated that the current sign ordinance allows for 20 feet in height and 64 square feet in size. Commissioner Kropuenske request was beyond what the location of the recommended a maximum indicated that the Planning was appropriate for the type building. He indicated the height of 20 feet and 64 square Commission felt the of building and for Planning Commission feet in size. e Mr. Mike Johnson of Graphic House Signs indicated that the Planning Commission based their recommendation on the fact that the trees in the area could be thinned out. He stated that he has checked with MnDOT and it was indicated there is a possibility for some thinning of the trees but once thinned it would be several years before they could be thinned again. He stated they are requesting a 35 foot sign to put the sign above the trees and they are claiming the trees to be a hardship. COUNCILMEMBER TRALLE MOVED TO ALLOW A FREESTANDING SIGN OF 20 FEET IN HEIGHT AND 64 SQUARE FEET IN SIZE. AND ALSO TO ALLOW 128 SQUARE FEET OF SIGNAGE PER OCCUPANT ON ANY SIDE OF THE BUILDING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.10.Zone Change Request/Novotny & Kuhn/Public Hearing Mayor Gunkel 6/6/88 City fee owner of the property. indicated that this request has been continued from the Council meeting due to the fact that Mr. Kuhn was not the the property in question. Mr. Kuhn is now the fee owner of Commissioner Kropuenske indicated that recommended approval of the zone change. the Planning Commission COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-20. AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM A-1 TO R- lA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.ll.Fina1 Plat/Hidden Creek/Ron Kuhn e Mayor Gunkel indicated that Ron Kuhn is requesting final plat review of Hidden Creek. The plat consists of 54 non city sewered and watered lots and lies in the E~ of Section 1. Township 32. Range 26. e e e Page 10 City Council Minutes June 20. 1988 Steve Rohlf informed the Council of one change that has taken place since the preliminary plat approval. The change consists of two 12" irrigation wells which were discovered on the property. He indicated that the wells must either be abandoned or capped and used in the future. Mr. Kuhn stated that he would be ~illing to sell the wells to the City if they would have a need for them. Council discussed the possibility of the City purchasing the wells. It was the consensus that the Building and Zoning Administrator investigate the matter before a decision is made. COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PLAT OF HIDDEN CREEK COUNTRY ESTATES BY RON KUHN WITH THE FOLLOWING STIPULATIONS: 1. THAT THE DEVELOPER PAY $200 PER LOT FOR THE FIRST SEAL COATING NEEDED ON THE ROADS IN THE PLAT AND $300 PER LOT FOR THE IMPROVEMENT OF FILLMORE STREET FOR THE 53. LOTS THAT DO NOT ABUT FILLMORE; TOTALLING $26.500. 2. THAT THE DEVELOPER PAY $10.800 IN PARK DEDICATION FEES TO THE CITY FOR THE 54 LOTS CREATED IN THIS PLAT. 3. THAT TERRY MAURER. CITY ENGINEER. APPROVE THE CHANGES TO THE ROAD LAYOUT. 4. THAT THE ZONE CHANGE ON THE PROPERTY INVOLVED IN THIS PLAT BE APPROVED FROM A-1 TO R-1A. 5. THAT ALL LOTS WITHIN THE PLAT REQUIRE PERK TESTS AND THAT SOIL BORINGS TO ESTABLISH WATER TABLE HEIGHTS ARE REQUIRED ON LOTS 13-24. BLOCX 1. AND ON LOTS 11 AND 13. BLOCK 2. AND AT THE BUILDING INSPECTOR'S DISCRETION WHERE HE FEELS BORINGS ARE NEEDED. 6. THAT THE LOWEST FLOOR IN ANY DWELLING WITHIN THE PLAT BE 1 FOOT ABOVE THE ARMY CORPS OF ENGINEERS ESTIMATE OF THE 100 YEAR FLOOD ELEVATION. 7. THE URBAN RUN-OFF AND EROSION CONTROL HANDBOOK BE USED AS A STANDARD FOR CONTROLLING EROSION WITHIN THE PLAT. 8. THAT STREET LIGHTS ARE INSTALLED WITHIN THE PLAT; THE LOCATIONS TO BE DETERMINED BY STAFF. THE COST OF THE LIGHTS AND INSTALLATION IS THE RESPONSIBILITY OF THE DEVELOPER. THE CITY WILL PAY FOR THE ELECTRICITY TO RUN THE LIGHTS. 9. THAT A $180.000 LETTER OF CREDIT FOR THE IMPROVEMENTS AND A DEVELOPERS AGREEMENT ARE REQUIRED. . 10. THAT CURVE WARNING SIGNS ARE REQUIRED IN THE LOCATIONS RECOMMENDED BY THE CITY ENGINEER AND THEY ARE THE RESPONSIBILITY OF THE DEVELOPER. e e e Page 11 City Council Minutes June 20. 1988 11. THAT PERMISSION MUST BE OBTAINED FROM UPA TO PLACE SEPTIC SYSTEMS WITHIN THEIR POWER LINE EASEMENTS. . THIS WOULD BE THE RESPONSIBILITY OF WHOMEVER IS BUILDING THE HOME~ 12. THAT THE DBCISION REGARDING THE WELLS AND POSSIBLE EASEMENTS TO THE WELLS BE LEFT TO CITY STAFF DISCRETION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 12. Final Plat Review/Riverview Place/Dennis Anderson Mayor Gunkel indicated that Dennis Anderson is requesting final plat approval of Riverview Place. The plat lies within an R-2b/Townhouse and multi-family residential district and consists of four zero lot lined townhouses which meet the City requirements for townhouse lots. COUNCILMlMBER SCHULDT MOVED TO APPROVE THE FINAL PLAT FOR RIVERVIEW PLACE WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PROPOSED STRUCTURES NOT EXCEED 35 FEET IN HEIGHT AND THE EXTERIOR OF SAID STRUCTURES BE COMPLETED IN EARTH-TONE COLORS. 2. APPROPRIATE NAME AND LEGAL DESCRIPTION CHANGES BE MADE TO THE COVENANTS AND OTHER. LEGAL DOCUMENTS PRIOR TO THE RECORDING OF THE PLAT. 3. THAT A DEVELOPER'S AGREEMENT AND LETTER OF CREDIT IS NOT REQUIRED FOR THE PLAT, HOWEVER, THE TOWNHOUSE ASSOCIATION AGREEMENT AND THE TOWNHOUSE BYLAWS MUST BE APPROVED BY THE CITY ATTORNEY. 4. ALTHOUGH THE SEWER AND WATER LINES PROPOSED FOR THE PLAT ARE SUPPOSED TO BE PRIVATELY OWNED, THE DESIGN AND INSTALLATION OF THOSE LINES SHOULD BE APPROVED BY TERRY MAURER. AND THE MPCA PERMIT TO EXTEND CITY SEWER TO THE PLAT MUST BE OBTAINED BY THE DEVELOPERS. 5. THAT THE LOWEST FLOORS FOR STRUCTURES WITHIN THE PLAT MUST BE 1 FOOT ABOVE THE 100 YEAR FLOOD ELEVATION, AND THAT ELEVATION MUST EXTEND FOR 15 FEET AROUND THOSE STRUCTURES. ALSO, THE ACCESS TO THE UNITS WITHIN THE PLAT MUST NOT BE MORE THAN 1 FOOT BELOW THE 100 YEAR FLOOD ELEVATION. 6. THAT $600 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE THREE NEWLY CREATED LOTS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. Page 12 City Council Minutes June 20. 1988 e 7.13.Consideration of Hiring of Zoning Assistant COUNCILMEMBER TRALLE MOVED TO HIRE STEVE BJORK AS ZONING ASSI STANT BEGINNING JUNE 21, 1988, WITH A SIX MONTH PROBATIONARY PERIOD AND A STARTING SALARY OF $20,000 PER YEAR. AND WITH THE PROBATIONARY AND BEGINNING OF THE YEAR SALARY INCREASE TO BE. AT THE SAME TIME, THEREFORE RAISING HIS SALARY TO $22,000 ON JANUARY 1. 1989, IF PROBATION IS SUCCESSFULLY COMPLETED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Administrator indicated that a five step pay plan would be created for this position. 8. Check Register COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DOBEL SECONDED THE MOTION. . THE MOTION CARRIED 4-0. 9.1.City Administrator's Update e The City Administrator indicated that he had sent a letter to the Legion and Eagles regarding their liquor license status. however. the City has not received a response. The City Administrator updated the Council on the Sewer Treatment Plant and the breakdown of the shaft. 9.2.Update on Main Street Neighborhood meeting/Councilmember Schuldt Councilmember Schuldt indicated that he held an informational meeting for people affected by the Main Street project. He indicated the meeting was a success and that the main concern was the possibility of a speeding problem once the street is completed. 9.3. Councilmember Tralle Councilmember Tralle updated the Council on the status of Highway 101. He indicated that Mn/DOT has rejected the project. He further indicated that he has planned a meeting on June 27. 1988. at City Hall with Mn/DOT Representatives and the Highway 101 Committee. There being no further business. COUNCILMEMBER SCHULDT MOVED TO ADJOURN. COUNCILMEMBER DOBEt SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 10:35 p.m. c;4'~~ ~ Sandy Thackeray ;I Recording Secretary .