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08-15-1988 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. AUGUST 15. 1988 Members Present: Mayor Gunkel. Counci1members Schuldt and Holmgren (7:25) Members Absent: Counci1members Tra11e and Dobe1 Also Present: Pat K1aers. City Administrator; Steve Rohlf. Building and Zoning Administrator. Steve Bjork. Zoning Assistant e As a quorum of the City Council was not achieved until Counci1member Holmgren arrived at 7:25 p.m.. the City Administrator distributed a number of handouts and updated the Council on a number of City issues. The handouts distributed by the City Administrator included the proposed Economic Development Authority Bylaws. the Revolving Loan Fund guidelines. and an outline for downtown redevelopment required by the fire that destroyed a building recently. These three handouts are anticipated to be discussed on 8/22/88 when the ,City Council meets as the Economic Development Authority. Also distributed by the City Administrator was the City's response to Elk River Star News Editor. Don Heinzman. regarding his request for information relating to the cause for proposed termination of Officer Robert Petermann. The City Administrator provided the Council with a letter from Dale W. Johnson who is appealing the assessment for the City central business district beautification improvement. The final handout distributed by the City Administrator was a letter from Dale Palmer. the County Auditor. which asks the City to approve and sign an application that would allow the County to sell 20 acres of property. which was the former County gravel pit. that lies directly south of the City owned Hillside Park. The City Administrator indicated that unless objections were raised by the City Council. that a change order would be initiated for additional overlay. patch. and repair work. The overlay patch and repair bids were approved by the City Council on 7/18/88. Funds for additional work are available from the 1987 Infrastructure budget. The City Council indicated no problems with proceeding with the change order for additional work as recommended by the Street Superintendent and approved by the City Administrator. The City Administrator resigned. the City is Petermann. Additionally. time Police Officer (#13). indicated that as Officer Robert Petermann has taking steps to hire a replacement for Officer the Police Department is still searching for a part The City Administrator also indicated a need for a facsimile machine for the more timely relay of information between the City Attorney and City offices. Funding for such machine would be through 1989 equipment certificates or 1988 General Fund monies. if available. The estimated equipment cost for this machine is in the $1.000 (plus) range. The City Council requested additional financial information on the maintenance. installation. and operating cost of such a machine. This issue will be discussed on 8/22/88 by the City Council. e e e e Page 2 Elk River City Council Minutes August 15, 1988 Mayor Gunkel indicated that as no Council action is required for Item 4.1. - awards for the "Name That Park" contest, it would be appropriate to proceed with that agenda item. Accordingly, Mayor Gunkel indicated that Sharon Stone, 19223 Proctor Road, submitted the name Woodland Trails Park for the property which the City owns north of the golf course. The Mayor introduced Sharon to the audience and Sharon briefly spoke on how she arrived at the chosen name. Sharon received a $50 gift certificate from the City to Johnsons Department Store for submitting the winning name. Mayor Gunkel then indicated that Cindy Olson, 12935 Mississippi Road, submitted the winning name of Hillside Park for the City owned property that was formerly used as a City dump site. Mayor Gunkel introduced Cindy to the audience and Cindy briefly spoke on how she arrived at the chosen name of Hillside Park. Cindy received from the City, a $50 gift certificate to Furniture and Things for having submitted the chosen name for this park. Counci1member Holmgren arrived at this time. 1. Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:25 p.m. 2. Consideration of 8/15/85 City Council Agenda The City Administrator requested that the Engineering items (#6) and the Administrative items (#7) be placed on the agenda before the Building and Zoning items (#5). COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 8/15/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 3. Consideration of 8/1/88 City Council Minutes COUNCILMEMBER AS SUBMITTED. CARRIED 3-0. HOLMGREN MOVED TO APPROVE THE 8/1/88 CITY COUNCIL MINUTES COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION 4. Open Mike The "Name that Park" contest awards were previously distributed by the Mayor. Nobody else was present for this agenda item. 6.1. Petition for Feasibility Study for Municipal Improvements submitted by Archambault and Diebel The Mayor indicated that the City had received a petition to determine the feasibility of installing sewer, water, and streets on the property that is east of Highway 169 directly south of the soon to be constructed northern access of Deerfield 3rd. The petition that has been received by the City for this feasibility study waives objections to any assessment of the cost of such a study and the petitioners have submitted a $1,000 escrow fund for this study. Page 3 Elk River City Council Minutes August 15. 1988 e ~@YNeILMiMlll SCHULDT MOVED TO APPROVE RESOLUTION 88-62. A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE SANITARY SEWER AND WATER IMPROVEMENTS TO THE SOUTHEAST CORNER OF HIGHWAY 169 AND 193RD AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 6.2. Pay Estimate #4 - Main and Jackson Street Improvements COUNCILMlMBER HOLMGREN MOVED TO PAY PROGRESSIVE CONTRACTORS. INC. $213.920.91 FOR WORK COMPLETED ON THE MAIN STREET AND JACKSON AVENUE IMPROVEMENT PROJECTS RECOMMENDED BY THE CITY ENGINEER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. Councilmember Schuldt requested that the contractors continue to water the sections of the streets that have not received the first layer of bituminous. as dust control continues to be a problem. 6.3. Recommendation for Sewer System Trickling Filter Center Column e The City Council reviewed a memo from the City Engineer. Terry Maurer. that explains the City received two bids for the needed center column of the trickling filter system. Purchase of such a center column. in order for the trickling filter system to become activated. has previously been authorized by the City Council. Of the two bids received. one was from the original manufacturer of the sewer treatment plant and another was from the manufacturing firm that specializes in maintenance and repair of sewer treatment plants. The maintenance and repair facility. DBS Manufacturing. submitted a bid considerable lower than the bid submitted by the manufacturer of the sewer treatment plant. COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE BID FROM DBS MANUFACTURING IN THE AMOUNT OF $6.695. PLUS FREIGHT. FOR THE TRICKLING FILTER CENTER COLUMN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. The City Administrator indicated to the City Council that it was anticipated that this trickling filter system would be in operation before winter season and that the installation of the center column will hopefully be completed for less than $2.500. 6.4. 165th Street Improvement Bids e Mayor Gunkel indicated that bids have been received, opened, and tabulated for the improvement of 165th Street. This street needs improvement because of the RDF facility and anticipated truck traffic on this street. The improvement project is financed by Anoka County. but the City of Elk River is supervising the project. The bids were very competitive as indicated by the 8/10/88 City Engineer memo. Staff recommended approval to the low responsible bidder which was Bauerly Brothers. Page 4 Elk River City Council Minutes August 15. 1988 ~ COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 88-63. A RESOLUTION ACCEPTING BID FROM BAUERLYBROTHERS. INC. IN THE AMOUNT OF $91.240 FOR THE IMPROVEMENT OF 165TH STREET AND AUTHORIZING THE EXECUTION OF THE CONTRACT IN THIS MATTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.1. Northern Access Agreement Mayor Gunkel indicated that an agreement between the City and Mn/DOT has been reached on the obligations and requirements for the connection of the Deerfield 3rd Northern Access (193rd Street) to Highway 169. COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 88-64, A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN A NORTHERN ACCESS AGREEMENT BETWEEN THE CITY OF ELK RIVER AND MN/DOT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.2. Selling Old City Administration Vehicle e The City Administrator indicated that bids per City Council authorization had been received and opened for the selling of the old City Administration car. The only bid received was in the amount of $425 from City employee. Cliff Skogstad. The City Administrator distributed a memo from Street Superintendent. Phil Hals. dated 8/15/88. This memo recommended that the City retain this old City Administration vehicle. as the 1983 Building and Zoning vehicle has become more and more unreliable in the past month or so. This old City Administration vehicle still runs. but is not dependable for use outside the City limits. COUNCILMEMBER HOLMGREN MOVED TO REJECT ALL BIDS RECEIVED IN THE MATTER OF SELLING THE OLD CITY ADMINISTRATION VEHICLE (1987 FAIRMONT). COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.3. Economic Development Authority Meeting COUNCILMEMBER. SCHULDT MOVED TO CALL AN ECONOMIC DEVELOPMENT AUTHORITY FOR MONDAY. AUGUST 22. 1988. AT THE ELK RIVER CITY HALL FOLLOWING THE CONCLUSION OF THE CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.4. City Council Meeting/1989 Budget Review COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING FOR MONDAY. AUGUST 29. 1988. AT THE ELK RIVER CITY HALL AT 7:00 P.M. TO REVIEW 1989 BUDGET INFORMATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.5. Library Board Vacancy e Mayor Gunkel indicated that a vacancy on the Library Board has been created by the resignation of Deloris Collins. This vacancy is for the remainder of 1988. The Mayor indicated that Ellie Kretsch. former J Page 5 Elk River City Council Minutes August 15, 1988 4It Library Board Chairperson, had expressed interest in being reappointed to the Library Board. Ellie served a three year term which expired at the end of 1987 and declined to accept reappointment at that time. Mayor Gunkel indicated that an application had also been received from former Librarian Bill Pollard and also that an application from Dr. Flannery is on file from when appointments were made at the beginning of the year. COUNCILMEMBER SCHULDT MOVED TO APPOINT ELLIE KRETSCH TO THE ELK RIVER PUBLIC LIBRARY BOARD TO FULFILL THE TERM OF DELORIS COLLINS WHICH EXPIRES AT THE END OF 1988. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.6. Special Assessment Reapportionment Mayor Gunkel indicated that Phase II of the Industrial Park had some special assessments due. Since this Phase II has been platted into 8 lots, the special assessments should be reapportioned. The special assessments should be reapportioned per recommendation from Finance Director, Lori Johnson, in her memo dated August 11, 1988. Each of the 8 lots will be assessed $361.08 for the sewer interceptor improvement of 1981. CQUNCILMEMBER SCHULDT MOVED TO APPROVE THE INDUSTRIAL PARK SECOND ADDITION SEWER INTERCEPTOR SPECIAL ASSESSMENTS PER RECOMMENDATION OF FINANCE DIRECTOR. LORI JOHNSON. IN HER 8/11/88 MEMO. COUNCILMEMBER e HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 5.1. Variance Request by Ross and Shelly Stark/Public Hearing Steve Bjork introduced this item and explained the reason for the variance request. Peter Kimball was present to represent the Planning Commission and indicated the Planning Commission felt the Starks met the five standards for a variance since they were not fee owner of the house at time of construction and the encroachment on the setback was not a consequence of their own actions. Mayor Gunkel opened the public hearing at this time. No one appeared for or against the item, therefore the public hearing was closed. COUNCILMlMBER SCHULDT MOVED APPROVAL OF A 17 FOOT ENCROACHMENT ON THE REQUIRED 20 FOOT SIDE YARD SETBACK FOR THE SOUTH SIDE OF LOT 7, BLOCK 2, WILDERNESS ACRES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.2. Drainage and Utility Easement Vacation Request by Ross and Shelly Stark Public Hearing e Zoning Assistant, Steve Bjork, explained encroaching slightly over two feet into utility easement on their south property therefore, requesting that three foot of that be vacated. that the the five line. five foot Stark's house was foot drainage and The Starks are, drainage easement Page 6 Elk River City Council Minutes August 15. 1988 e Mr. Bjork further indicated that the appropriate utilities have been contacted and expressed no objection to the easement vacation. Mayor Gunkel opened the public hearing. No one appeared for or against the item. therefore. the public hearing was closed. COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 88-61 WHICH VACATES THAT POI\TION or THI DRAINAGE.AND UTILITY EASEMENT DESCRIBED AS THE NORTH THREE FEET OF THE SOUTH FIVE FEET OF LOT 7. BLOCK 2. EXCEPT THE EAST AND WEST TEN FEET THEREOF IN THE PLAT OF WILDERNESS ACRES. COUNCILMEMBER SCHULDT SECONDED THE MOTION~ THE MOTION CARRIED 3-0. 5.3 & 5.4 Variance Request and Request for Multiple Principle Buildings on a Lot by St. Andrew's Church/Public Hearing The Council decided that since these two items were related. they would discuss them at the same time. Steve Shurts of St. Andrew's Church explained to the Council the Church's need for a temporary classroom until they can construct a permanent addition. He also explained why he felt St. Andrew's met the five standards for granting a variance. Mayor Gunkel opened the public hearing at this time for both items. There being no one for or against these items. Mayor Gunkel closed the public hearing. e Planning Commission member Peter Kimball indicated to the Council that the Planning Commission unanimously voted in favor of both requests for St. Andrew's Church. COUNCILMEMBER SCHULDT MOVED TO APPROVE A 17 FOOT ENCROACHMENT ON A 30 FOOT FRONT YARD SETBACK TO ACCOMMODATE A TEMPORARY CLASSROOM FOR THE ST. ANDREW' S CHURCH. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER SCHULDT MOVED APPROVAL OF A TEMPORARY CLASSROOM FOR A PERIOD OF TWO YEARS FOR ST. ANDREW'S CHURCH. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. . THE MOTION PASSED 3-0. 5.5 Request for Multiple Principle Buildings on a Lot by Jerry Minor/P.H. Jerry Minor is requesting a second retail building on his lot located at 16848 Highway 10. Elk River. MN. Both buildings would meet setbacks and be under the maximum lot coverage required and at the minimum open space required. Peter Kimball stated the Planning Commissions had concerns with parking. Specifically. the Planning Commission thought that parking stall #4 should be eliminated as shown on the original site plan and parking stalls #1. 2 & 3 should be moved to the property line. The parking concerns were addressed on the revised site plan submitted to the e Page 7 Elk River City Council Minutes August 15. 1988 4It Council. Mr. Kimball further explained the Planning Commission's concerns for screening this commercial use from the adjacent residential area. Mayor Gunkel opened the public hearing at this time. There being no one for or against this item. Mayor Gunkel closed the public hearing. OOUNCILMIMBIR SCHULDT MOVED TO APPROVE A SECOND COMMERCIAL BUILDING ON MR. MINOR'S LOT LOCATED AT 16848 HIGHWAY 10. AS PER THE REVISED SITE PLAN WITH THE FOLLOWING STIPULATIONS: 1. THAT THE APPLICANT BE MADE AWARE THAT ONLY PRINCIPAL AND CONDITIONAL USES APPROPRIATE TO THE ZONE IN WHICH THIS BUILDING LIES WILL BE ALLOWED IN THIS STRUCTURE. 2. THAT THE ADJACENT REVISED FENCE. SCREENING BETWEEN THE PROPOSED BUILDING AND THE RESIDENTIAL AREA BE IN THE LOCATIONS INDICATED ON THE SITE PLAN AND THAT THE SCREEN BE A 6 FOOT HIGH OPAQUE 3. THAT THE PARKING AND DRIVES BE AS PER THE REVISED SITE PLAN AND THAT THOSE PARKING AND DRIVE AREAS BE HARD SURFACED . COUNCILMIMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. e 5.6 & 5.7 Conditional Parking Area and Public Hearing Use Permit by Elk River Ford(Expansion of Used Car Administrative Subdivision Request by Elk River Ford/ Stephen Rohlf explained that Elk River Ford's showroom is being expanded at this time because it is for new car display only and new car sales are a principal use within a C-3a zone. He further indicated that the outside display. the parking area for Elk River Ford. displays new and used cars and that used cars are a conditional use within a C-3a zone. Therefore. the expansion of the parking lot requires a conditional use permit. Mr. Rohlf further explained that Staff's three major concerns with the expansion of the area were drainage. lighting and screening. It was indicated that both the Planning Commission and Staff felt that screening was not necessary for this phase of Elk River Ford's expansion. Lastly, Mr. Rohlf explained that Elk River Ford is proposing a one stall car wash for car detailing and that Staff interprets car detailing to be auto repair which is a principal use in a C-3a zone. Planning Commission member Peter Kimball told the Planning Commission voted unanimously in favor of conditional use permit with three stipulations. Council that the Elk River Ford's At this time which was to this location. Stephen combine Rohlf explained Elk River Ford's second request two of the three lots that they currently own in e Page 8 Elk River City Council Minutes August 15. 1988 ~ Mayor Gunkel opened the public hearing for both the conditional use permit and the administrative subdivision at this time. Mr. Scott Powell. owner of Elk River Ford. explained his proposal to the Council. He also expressed a desire to move an existing grandfathered-in non-conforming sign to a new location on the same site. It was the consensus of the Council to allow Mr. Powell to move this sign if it was determined by the City Attorney that moving this sign to a new location did not eliminate the signs grand fathered rights and that it would be consistent with how other grandfathered-in non-conforming signs are treated. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT BY ELK RIVER FORD TO EXPAND THEIR OUTDOOR DISPLAY OF. USED CARS WITH THE FOLLOWING CONDITIONS: 1. THAT ELK RIVER FORD'S DRAINAGE PLAN BE ACCEPTED BY THE CITY ENGINEER. 2. THAT THI CAR WASH PROPOSED IN THIS SITE BE USED SOLELY BY ELK RIVER FORD FOR CAR DETAILING. 3. THAT THE LIGHTING FOR THE EXPANDED PARKING LOT BE DIRECTED AWAY FROM ADJACENT USES IN THE AREA AND ROAD RIGHTS-OF-WAY. ~ COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER SCHULDT MOVED APPROVAL OF ELK RIVER FORD'S ADMINISTRATIVE SUBDIVISION REQUEST TO COMBINE TWO PARCELS INTO ONE PARCEL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.8 Administrative Subdivision Request by the City of Elk River/P.H. Stephen Rohlf. Building and Zoning Administrator. indicated that the City initiated this administrative subdivision request to split three single family lots from a portion of Outlot A in Schoolview 1st Addition. He explained to the Council his three major concerns with this lot split. They are that soil borings are done to prove that the soil corrections done by the City make the lots buildable; that the City prove that the creation of these three building sites will not impede the capacity of Outlot A or cause water problems for surrounding properties; and that the City Engineer determine an elevation at which the lowest floors of the dwellings to be built on these lots have to be at or above to avoid water problems for them. He further indicated that the City should pay $600.00 in Park Dedication Fees as any developer for the three newly created lots and that the City provide the sewer and water stub-ins for these lots. Mayor Gunkel opened the public hearing at this time. e Page 9 Elk River City Council Minutes August 15. 1988 e Mr. Bob Bunrock of 18921 Lowell Street. Elk River expressed his concern with the drainage in Outlot A. Mr. Rohlf explained and although the City the creation of these this time, that the favorable findings. that City Staff is also concerned with this subject Engineer had not made a determination as to whether three lots would impede the drainage in Outlot A at Council's approval would have to be contingent upon At this time the Council discussed whether to approve this lot split contingent upon favorable findings by the City Engineer or tabling this lot split until the report is received. No one else appeared to speak on this item, therefore Mayor Gunkel closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ADMINISTRATIVE SUBDIVISION REQUEST UNTIL THE COUNCIL HAD THE CITY ENGINEER'S REPORT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.9 Accesory Building for the Assembly of God Church Mr. Rohlf explained that the Assembly of God Church is requesting a building permit to erect an approximately 2,000 square foot storage building at their Church site in Brentwood Subdivision. e Mr. Rohlf explained that Dexter Mapson of the Assembly of God Church was unable to be at the meeting and asked if he would explain the request to the Council. Mr. Rohlf explained that Mr. Mapson indicated that the storage building was discussed during the conditional use permit process for the church. Mr. Rohlf indicated that he did not doubt Mr. Mapson's word. however, there was no indication of the storage building on the site plan submitted for the conditional use permit for the church nor did the minutes reflect this building. Mr. Rohlf further constructed with in appearance. neighborhood. explained that the proposed storage building would be a cedar shake roof and cedar siding and be residential He indicated that he felt it would fit in with the It was the consensus of the Council that a 2,000 square foot storage building in a residential area could potentially have significant enough impact that they felt approval of this building would require an additional conditional use process. The Council further indicated they felt they would be inconsistent with how similar requests were handled if they did not require the church to go through the public hearing process to get this storage building approved. e Page 10 Elk River City Council Minutes August 15. 1988 e At this time Mr. Rohlf informed the Council that he was allowing NSP to postpone the landscaping at their RDF facility site located on Highway 169 until the Spring of 1989 due to the drought. The Council indicated they felt this was appropriate. 8. Check Register OOUNCILMlMBBR HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMBMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 3-0. 9. Adjournment There being no further business. COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. MAYOR GUNKEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. The meeting of the Elk River City Council adjourned at 9:12 p.m. ::p j) f\1cu.A,s (cJAJ Pat Klaers City Administrator ~~R~ ~~) Stephen Rohlf Building and Zoning Administrator e e