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07-18-1988 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JULY 18. 1988 Members Present: Mayor Gunkel. Councilmembers Tralle. Schuldt. Dobel. and Holmgren Members Absent: None Staff Present: Pat Klaers. City Administrator; Steve Rohlf. Building and Zoning Administrator; Terry Maurer. City Engineer; and Peter Beck. City Attorney 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 7/18/88 City Council Agenda The following items were added to the agenda: 6.15 - Building and Zoning Administrator Update 10.1 - Highway 101 Update COUNCILMEMBER TRALLE MOVED TO APPROVE THE 7/18/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- e O. 3.1. Consideration of 6/27/88 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 6/27/88 CITY COUNCIL MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consideration of 7/5/88 City Council Minutes A correction was noted on Item #5 - changing "Planning Commission" to "Highway 101 Committee." COUNCILMEMBER DOBEL MOVED TO APPROVE THE 7/5/88 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike There was no one present for this item. 5.1. Elk River Industrial Park Final Pay Estimate e COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PAY ESTIMATE IN THE AMOUNT OF $15.214.20 TO S & L EXCAVATING FOR COMPLETION OF THE ELK RIVER INDUSTRIAL PARK PHASE II IMPROVEMENTS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 2 City Council Minutes July 18. 1988 e 5.2. Main Street/Jackson Avenue Pay Estimate COUNCILMEMBER SCHULDT MOVED TO APPROVE PAY ESTIMATE #3 IN THE AMOUNT OF $162.105.62 TO PROGRESSIVE CONTRACTORS. INC~ FOR IMPROVEMENTS TO MAIN STREET AND JACKSON AVENUE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Seal Coating Bid Award COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-54. A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEAL COATING IMPROVEMENT OF 1988 IN THE AMOUNT OF $55.345.33 FOR THE FOLLOWING SUBDIVISIONS: GREENHEAD I. II. AND III BRENTWOOD HEAVENLY HILLS VANCE STREET EAST MAIN STREET GATES/FREEPORT AVENUE COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER SCHULDT MOVED TO APPROVE A CHANGE ORDER TO THE SEAL COATING PROJECT WHICH WOOLDDELETE GREENHEAD II FROM THE ORIGINAL MOTION. AND ADD THE FOLLOWING SUBDIVISIONS: COUNTRYSIDE ACRES HOBBIT HILLS BELGIUM ACRES PlNEWOOD DEERFIELD I COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Triangle Road Street Petition Mayor Gunkel indicated that Mr. Dick Pomeroy and the Elk River Investor's Association have submitted a petition requesting a feasibility study for the upgrading of Triangle Road in the Industrial Park. Terry Maurer. City Engineer. indicated that the Investor's group have information which will considerably reduce the cost of the feasibility study. e COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-50. A RESOLUTION DECLARING THE ADEQUACY OF PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE TRIANGLE ROAD STREET IMPROVEMENT OF 1988. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 3 City Council Minutes July 18. 1988 e 5.5. & 5.6 Cass and Moldenhauer Property Petitions Terry Maurer, City Engineer, indicated that two petitions from property owners have been received requesting to be included in the feasibility study for the extension of City sewer to the western portion of the City. He noted the resolutions were from Jack Cass and Irvin Moldenhauer. COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE PETITION FROM JACK CASS AND TO ADOPT RESOLUTION 88-51. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER. WATERMAIN. STREET AND STORM DRAINAGE IN THE WESTERN AREAS OF THE CITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO ACCEPT THE PETITION FROM IRVIN MOLDENHAUER AND TO ADOPT RESOLUTION 88-52. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER. WATERMAIN. STREET AND STORM DRAINAGE IN THE WESTERN AREAS OF THE CITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Overlay Patches e COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE OVERLAY QUOTE FROM ELK RIVER BITUMINOUS AT $13.770.00. AS BEING THE LOWEST OF THREE QUOTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Collection of Impact Fee and Money for First Seal Coating for the Plat of Hidden Creek Mayor Gunkel indicated that the City is collecting money from the developer of Hidden Creek for the first seal coating within the plat and for impact (future improvements) upon Fillmore Street. She indicated that the main objective is to recommend a way of guaranteeing the payment of the impact fees in a manner that does not create a burden for the Developer. Steve Rohlf. Building and Zoning Administrator noted that this is the first time the City has collected an impact fee other than for park dedication. Mr. Rohlf stated that Staff is proposing to have a mortgage from the Developer on six lots to cover the $26.500. Each lot would be held for security for one-sixth of the $26.500 owed to the City for these two impact fees. The mortgages would run for three years, at which time the Developer must pay this debt or the City will foreclose on the lots. Mr. Rohlf explained that this method of collection does not hit the Developer up front with the full fee and does not require a letter of credit and yet will allow the City to collect the monies and complete the project in a timely manner. e Discussion was held regarding the fact that there could be the possibility of an internal loan on the improvement on street. Discussion was also held by the Council as to whether it was wise for the City to be granting internal loans due to the fact they may not always be in the position to loan the money. Discussion was also held regarding whether this procedure would be setting a precedent for other Developers. It was Page 4 the advice of the City Attorney, Peter Beck, that if the City collects e City Council Minutes July 18. 1988 the impact fees as recommended by Staff. they should be prepared to treat other Developers in the same manner. The City Attorney also indicated he would like to see a policy in place as to the method of collecting impact fees. Mayor Gunkel indicated that this case could be considered unique due to the fact that this was the first plat in which these two types of impact fees have been collected. COUNCILMEMBER TRALLE MOVED TO APPROVE THE PROCEDURE RECOMMENDED BY STAFF IN THE COLLECTION OF IMPACT FEES AND FEES FOR THE FIRST SEAL COATING IN THE HIDDEN CREEK DEVELOPMENT WITH THE CASH PAYMENT TO BE PAYABLE IN THREE YEARS AND TO BE SECURED BY THE MORTGAGES OF SIX LOTS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED THAT NO OTHER SIMILAR SITUATIONS BE CONSIDERED UNTIL STAFF DRAFTS. AND COUNCIL ACCEPTS. A POLICY FOR THE METHOD OF COLLECTION OF IMPACT FEES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Ordinance Amendment e COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 88-21, AN ORDINANCE AMENDING THE CODE OF ORDINANCES. SECTION 604.08(3). INCREASING THE CITY LANDFILL FEE FROM $.25 PER CUBIC YARD TO $.35 PER CUBIC YARD. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. & 6.4. Street Vacation and Administrative Subdivision Request/Shane Groth/Public Hearing Mayor Gunkel indicated tabled from the May 16. Groth is also requesting used as a street and will that the Administrative Subdivision Request was 1988. City Council meeting. She noted that Mr. an easement vacation for property that has been no longer be used in such a manner. Mayor Gunkel opened the public hearing at this time. Mayor Gunkel entered into the record two letters from Mr. John MacGibbon. dated July 7, 1988. opposing the vacation. Mr. Rick Clough. representing Mr. and Mrs. John MacGibbon. questioned whether the vacation was for the dedicated or prescription portion of the road. He argued that this may determine that the City is not following the correct easement vacation procedures. e Mr. Clough also indicated that it was the duty of the Council to find that this easement vacation would benefit the citizens of Elk River. Mayor Gunkel indicated that a public hearing has been held regarding the Main Street project and the Council did determine that it was in the best interest of the public to create a T intersection, which would result in vacating of the unused portion of the road. She further indicated that the T intersection is a MSA requirement. e e e Page 5 City Council Minutes July 18. 1988 Mr. Clough questioned whether the lot is buildable and whether there would be drainage problems on the lot. He indicated the City would be responsible to future purchasers of the lot if drainage problems occur. The Building and Zoning Administrator indicated that the lot is a buildable lot. Terry Maurer. City Engineer. indicated that there would be no water coming from the street to the lot. Bill Pollard stated he was in favor of the vacation and also stated he was in favor of the T intersection. Dan Lucas problems decision whether back in indicated that the T intersection and stop sign may cause in the area. He stated that the City Council should delay a on the easement vacation until determination can be made as to the T intersection would work. The City could then put the curve the road if the T intersection did not work. Mr. Ron Kuhn stated he is in favor of the vacation and that this property has been in contention before. He indicated that the neighbors seem to object to whatever is proposed for this particular area. Gerald Creighton indicated his support for the vacation of the easement and also for the T intersection. Mayor Gunkel closed the public hearing at this time. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-53. A RESOLUTION FOR VACATING RIGHT-OF-WAY WITH THE FOLLOWING CONDITIONS: 1. THAT THE PETITIONER GRANT THE CITY A TEMPORARY CONSTRUCTION EASEMENT. 2. THAT THE PETITIONER MEET WITH BILL BIRRENKOTT. OF THE ELK RIVER MUNICIPAL UTILITIES TO DECIDE WHICH IS THE BEST WAY TO MOVE THE POWER LINES; THAT EASEMENTS. IF NECESSARY. ARE GRANTED TO THE CITY TO ACCOMMODATE THE UTILITIES THAT NEED TO BE MOVED; AND THAT THE UTILITIES ARE MOVED AT THE PETITIONER'S EXPENSE. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY SHANE GROTH TO DIVIDE ONE PARCEL OF PROPERTY INTO TWO PARCELS WITH THE FOLLOWING STIPULATIONS: 1. THAT $200 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE ADDITIONAL BUILDING SITE~ 2. THAT THE SIX FOOT SIDE YARD SETBACK FROM MR. GROTH'S EXISTING HOUSE IS ADHERED TO WITH THE NEWLY CREATED PROPERTY LINE. 3. THAT THE PETITIONER PROVIDE THE SEWER AND WATER STUB-INS FOR THE NEWLY CREATED LOT AT HIS EXPENSE. 4. THAT THE COST OF MOVING POWER AND PHONE LINES BE AT THE PETITIONER'S EXPENSE. e e e Page 6 City Council Minutes July 18. 1988 5. THAT THE PETITIONER PROVIDE THE CITY WITH TWO NEW LEGAL DESCRIPTIONS FOR THE TWO LOTS CREATED WITH THIS SPLIT AND THAT THOSE DESCRIPTIONS REFLECT NEW UTILITIES EASEMENTS AS NECESSARY. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Variance/Dennis Chuba/Public Hearing Mayor Gunkel indicated that Mr. Chuba is requesting variances from the 200 foot setback for structures required by the DNR from environmental waters. The Building and Zoning Administrator indicated that the petitioner is requesting a variance on three separate lots. He indicated that he is requesting a 150 foot encroachment for Parcel A and a 125 foot encroachment for both Parcels Band C. Planning Planning Commission Representative. Peter Kimball. indicated that the Commission recommended approval of the request with a 5-0 vote. Mayor Gunkel opened the public hearing. Dennis Chuba indicated that the reason he is requesting the variance is to situate the dwellings to gain a good view of the pond. and also to gain as much elevation as possible to avoid water problems. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE VARIANCE REQUEST FOR PROPERTY LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 2. TOWNSHIP 32. RANGE 26. FOR A 150 FOOT ENCROACHMENT ON PARCEL "A" AND A 125 FOOT ENCROACHMENT ON PARCELS "B" AND "C". FOR THE PROPERTY DESCRIBED AS PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 2. TOWNSHIP 32. RANGE 26. SHERBURNE COUNTY. MINNESOTA. WITH THE FOLLOWING STIPULATIONS: 1. THAT THE 150 FOOT SETBACK FROM KLIEVER' S MARSH TO SEPTIC SYSTEMS BE ADHERED TO. 2. THAT A PERK TEST BE REQUIRED ON EACH LOT. 3. THAT MATURE TREES BE PRESERVED ON THE LOTS. 4. THAT THE HOUSES CONSTRUCTED HAVE THEIR LOWEST FLOOR ELEVATION ABOVE THE OVERFLOW ELEVATION OF THE POND. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6.. 6.7., 6.8., and Use Permit. and Hearing 6.9 Administrative Subdivision, Variance, Conditional Expansion of a nonconforming Use/Beaudry Oil/Public COUNCILMEMBER TRALLE MOVED TO TABLE ITEMS 6.6. 6.7. 6. 8, AND 6.9 TO THE JULY 25, 1988, CITY COUNCIL MEETING DUE TO THE FACT THAT THE PETITIONER WAS NOT PRESENT. COUNCILMEMBER SCHULDT SECONDED THEMOTION. THE MOTION Page 7 City Council Minutes July 18. 1988 ----------------------- e CARRIED 3-2. MOTION. COUNCILMEMBER TRALLE AND MAYOR GUNKEL VOTED AGAINST THE 6.10.. 6.11. Administrative Subdivision and Variance/Beaudry Oil/Public Hearing COUNCILMEMBER DOBEL MOVED TO TABLE ITEMS 6.10 AND 6.11 TO THE JULY 25. 1988. CITY COUNCIL MEETING DUE TO THE FACT THAT THE PETITIONER WAS NOT PRESENT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5- O. Barb Maricle stated her opposition to the construction of the proposed storage garage because of the storage of trucks and oil. She noted that there are several small children in the area and the proposal could create a dangerous situation. She also commented on the danger of the high voltage power line. Peter Kimball indicated that the apartment bui1dngs could run up to the fence and this would create a lot of danger if a fire ever occurred. 6.12.Signage Interpretation/North Star Towing e Mayor Gunkel interp reta tion Highway 10 . ft.) and an with a single indicated that North Star Towing is of the sign ordinance for property They are proposing to remove the Fitness additional advertising face (32 sq. ft) trademark sign (40 sq. ft). requesting an located at 16501 Club sign (32 sq. and replace these Planning Commission representative. Commissioner Kimball. indicated that the Planning Commission recommended approval of the request and felt it would be an improvement to the present situation. Discussion was held by Council regarding the fact that the total square footage of the sign would be decreasing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE REQUEST TO REMOVE THE FITNESS CLUB SIGN AND THE ADDITIONAL ADVERTISING FACE AND REPLACE WITT A SINGLE TRADEMARK SIGN. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.13.Extension for Recording Lot Split/Les Lundquist Mayor Gunkel indicated that Les Lundquist is requesting an extension for the recording of a previously approved lot split requested by Floyd Kruse in order to meet certain conditions set by the Council. e COUNCILMEMBER DOBEL MOVED MAKING THE RECORDING DATE TRALLE SECONDED THE MOTION. TO GRANT APPROVAL OF A ONE YEAR EXTENSION DEADLINE NOVEMBER 16~ 1989. COUNCILMEMBER THE MOTION CARRIED 5-0. Page 8 City Council Minutes July 18. 1988 e 6.14.Administrative Subdivision Request by Betty Belanger The Building and Zoning Administrator explained that Mrs. Belanger was previously granted an administrative subdivision by Council. however. Mrs. Belanger did dispute the park dedication and refused to pay the required $400 park dedication fee set by Council. Mr. Rohlf explained that Mrs. Belanger's daughter is purchasing one of the lots and is requesting to pay the park dedication fee. Council consented to allowing the fee to be paid by Mrs. Bellanger's daughter. 7.1.Temporary Liquor License/Elk River Lions COUNCILMEMBER DOBEL MOVED TO APPROVE A TEMPORARY LIQUOR LICENSE FOR ELK RIVER LIONS FOR . JULY 21 THROUGH JULY 24. CONTINGENT UPON A CERTIFICATE OF INSURANCE BEING PROVIDED TO THE CITY. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Check Register COUNCILMEMBER DOBEL MOVED TO APPROVE THE JULY 1. 1988. CHECK REGISTER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER DOBEL MOVED TO APPROVE THE JULY 14. 1988. CHECK REGISTER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. City Administrator's Update The Council took no action to deny a gambling license for St. Andrews Parish. ------------------------------------------------------------------------ The City Administrator indicated that the Recreation Board will hold a meeting on 7/19/88 and 8/2/88. He indicated that at the last meeting the Recreation Board requested the Council consider that softball lights be a budgeted item for 1989 with the City paying a portion and the Elk River Utilties paying a portion. Councilmember Tralle indicated that the Utilities Department have indicated they do not want to contribute. as they feel this will set a precedent. They have indicated. however. that they would be willing to donate time and labor for the installation of the poles. Councilmember Tralle indicated it would be appropriate for the Softball Association to request partial funds from local organizations and that the City pay part of the funding. ------------------------------------------------------------------------ e The City Administrator indicated that the Growth Management Plan will be considered on the August 22. 1988. City Council meeting. e e e Page 9 City Council Minutes July 18, 1988 ------------------------------------------------------------------------ The City Administrator indicated that a closed Council meeting will be necessary to discuss the police union contract proposal. It was the consensus of the City Council to hold a closed meeting on Monday, July 25, 1988, at Elk River City Hall, 7:00 p.m. to discuss the police union contract proposal. -------------------------------------------------------------------------- The City rebuilding order to buildable Administrator indicated that the City is progressing with the of Outlot A and will proceed with the process required in sell the lots. This includes subdivision of the property after lots are confirmed and extending utilities from the street. -------------------------------------------------------------------------- The City Administrator requested the Council to consider the idea of the City purchasing property for the purpose of selling to commercial buyers. He indicated this is positive action in promoting economic development in Elk River. Any type of purchase on this order would be done by the Economic Development Authority. 10 Other Business Counci1member Tralle informed the Council that he and other legislative representatives would be meeting with the Highway Commissioner regarding the Highway 101 project. 11. Adjournment There being no further busines, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:50 p.m. ~-~ , ~ Sandy Thackeray Deputy City Clerk