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10-17-1988 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 17, 1988 Members Present: Mayor Gunkel, Councilmembers Tralle, Schuldt, and Holmgren Members Absent: Councilmember Dobel Staff Present: Steve Rohlf, Building and Zoning Administrator; Steve Bjork, Zoning Assistant; Pat Klaers, City Administrator; Greg Korstad, City Attorney; 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. Consideration of 10/17/88 City Council Agenda Item 5.3 was moved to the beginning of the Building and Zoning Items and Items 8.1 City Administrator Update and 8.2 - Counci1member Tralle Update were added to the agenda. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 10/17/88 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4It 3.1. Consideration of 10/3/88 City Council Minutes Mayor Gunkel noted follows: "Questioned a correction on page 4 - Item #3 - should read as why the industrial park is not being assessed." COUNCILMEMBER AS CORRECTED. CARRIED 4-0. HOLMGREN MOVED TO APPROVE THE 10/3/88 CITY COUNCIL MINUTES COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION 3.2. Consideration of 10/5/88 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 10/5/88 CITY COUNCIL MINUTES AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared before the Council for this item. 5.3. Consider Multiple Principal Buildings (7 - 16 unit apartments) by CHW Properties/Public Hearing e Mayor Gunkel indicated that CHW multiple principal buildings per buildings on a 7.9 acre site. necessary as the 7.9 acre site Properties is requesting approval of lot to build 7 - 16 unit apartment Mayor Gunkel noted that the request is is not plotted out into separate lots. Page 2 e City Council Minutes October 17, 1988 Steve Rohlf, Building and Zoning Administrator, reviewed the original site plan and the updated site plan which included the changes requested by the Planning Commission with the Council. Mr. Rohlf indicated that the maximum density allowed on the site is 172 units and CHW Properties are requesting 112 units. Mr. Rohlf explained that the Planning Commission included 25 recommendations in their motion for approval to the Council and that CHW Properties have addressed 24 of the 25 recommendations. The one recommendation not addressed was the elimination of building #6, however, CHW is recommending moving the apartment buildings further to the northeast in order to put more distance between the apartment buildings and the existing residents. Duane Kropuenske, Planning Commission Representative, stated that the Planning Commission held two meetings on this request; the first meeting being a regular Planning Commission meeting on September 27, 1988, and the second meeting being a special Planning Commission meeting on October 5, 1988. He indicated there were a large number of concerns by surrounding residents at the first meeting and the major concern of the second meeting centered around the elimination of apartment #6 and how to provide privacy to existing residents as this apartment building was very close to existing property lines. Mr. Kropuenske reviewed the Planning Commission's concerns at this time. e Mr. Mike Potowitz and Don Welter were Partnership. present representing CHW Mayor Gunkel opened the public hearing. Jim Hudson - 366 Gates Avenue - Mr. Hudson questioned what the distance would be between Apartment #6 and surrounding property owners. Mr. Potowitz explained there would be 49 feet between apartment #6 and the property line with a 7 foot privacy fence included. Pat McCabe 378 Gates Avenue - Mr. McCabe questioned where the fence would be located. Mr. Stephen Rohlf explained that CHW Partnership will have to grant the City a sewer easement and the fence could be placed on the easement if a variance was granted to allow this. If the fence is not placed on the easement it would have to be placed on the adjoining property. Butch Rohlf representing Mrs. Murray Mr. Rohlf questioned how the apartment complex would affect the property valuation. A1 Hopper Indicated his concern regarding his property value being affected and the fact that he would still like to see apartment building number 6 eliminated. e Mayor Gunkel indicated that the proposal is well within the requirements of the City ordinance and, therefore, was in favor of the request. Mayor Gunkel closed the public hearing at this time. Page 3 e City Council Minutes October 17, 1988 Counci1member Holmgren questioned the style of fence and whether crushed rock would be put on both sides of the fence to eliminate the growth of weeds. Mr. Potowitz indicated the fence would be cedar and be compatible with the apartment buildings and that he would not be opposed to putting rock down to keep the weeds from growing. Counci1member Holmgren also indicated that it is fortunate that the land is being developed economically and that the apartments are of high quality. He also indicated that it was unfortunate that a few number of single family homes will feel the effect of multi-family housing. He indicated that due to the nature of the zoning and the attempts of the developer to accommodate the concerns of the residents, he would vote in favor of the request. Counci1member Tra11e indicated that the developer is making every attempt to blend in with the residential homes by building high quality buildings and also that the developer has made many compromises with the neighbors. He indicated he would vote in favor of the request. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE REQUEST FOR MULTIPLE PRINCIPAL BUILDINGS PER LOT BY CHW PARTNERSHIP WITH THE RECOMMENDATIONS MADE BY THE PLANNING COMMISSION. EXCLUDING RECOMMENDATIONS /112 AND 20 AND BY CHANGING {IlS TO INCLUDE A 7 FOOT HIGH FENCE WITH RED CEDAR CRUSHED ROCK ON BOTH SIDES OF THE FENCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Counci1member Schuldt indicated that commercial development would be the other option open for this land and that this type of development would cause more traffic and could possibly be less attractive. He further indicated that he has not seen a site plan of the project and. therefore. could not vote for the project until he has had proper time to review the site plan. COUNCILMEMBER TRALLE MOVED TO WITHDRAW HIS MOTION DUE TO COUNCILMEMBER SCHULDT'S STATEMENT. AND TO TABLE ACTION ON THE REQUEST FOR ONE WEEK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-l. MAYOR GUNKEL OPPOSED. 5.1. Consider Municipal Public Improvements for Triangle Road/Public Hearing Terry Maurer. City Engineer. explained that a feasibility report has been completed for improvements on Triangle Road. He indicated the project consists of street improvements on Triangle Road which connects to Industrial Boulevard and is estimated at a cost or $56.000. Pat Klaers. City Administrator. indicated that the landowners will decide whether they want the project to be a public improvement or a private improvement project. e Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO IMPROVEMENTS TO TRIANGLE ROAD . MOTION. THE MOTION CARRIED 4-0. ACCEPT THE FEASIBILITY REPORT FOR COUNCILMEMBER HOLMGREN SECONDED THE e e e Page 4 City Council Minutes October 17, 1988 5.2. Consider Pay Estimate for PCI COUNCILMEMBER TRALLE MOVED TO APPROVE PARTIAL PAY ESTIMATE #6 TO PROGRESSIVE CONTRACTORS, INC., IN THE AMOUNT OF $301,491. 21. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Site Plan Review/Dolphin Car Wash/John Plaisted Steve Rohlf, Building and Zoning Administrator, explained that John Plaisted is requesting site plan review for a 32 foot by 32 foot addition to_ the existing Dolphin Car Wash and a new sign for the site. Rita Johnson, Planning Commission Representative, indicated that the Planning Commission recommended approval with a 5-0 vote with the stipulation that the bottom existing sign be removed and that the lighting be timer controlled and be consistent with Barthel Realty Office lighting. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 32' BY 32' EXPANSION OF THE EXISTING CAR WASH WITH THE FOLLOWING STIPULATIONS: 1. THAT SIGNAGE CONFORM TO THE CITY'S SIGN ORDINANCE. 2. THAT THE LIGHTING BE TIMER CONTROLLED CONSISTENT WITH BARTHEL REALTY OFFICE LIGHTING. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Barb Belmore/Conditional Use Permit/Public Hearing Mayor Gunkel indicated that Barb Belmore of 1214 6th Street is requesting a conditional use permit to operate a home occupation. The Conditional Use Permit would allow the applicant to display and sell lawn ornaments from her home. She noted that the property in question is located at the corner of Proctor Avenue and Highway 10. Rita Johnson, Planning Commission Representative, Planning Commission recommended approval of the stipulations. indicated that the request with 7 Mayor Gunkel opened the public hearing. Barb Belmore indicated she would like to see the Council vote in favor of the request. She indicated that the display of her items were all lawn ornaments, items which would normally be seen on lawns. Mayor Gunkel closed the public hearing. Duane Kropuenske, Planning Commission representative, indicated that the Planning Commission's vote contained two nays, one of which was his. He explained that his concern was that of setting a precedent of selling and displaying items on a major right-of-way. Page 5 e City Council Minutes October 17. 1988 Mayor Gunkel indicated that she also was concerned with the aspect of outside display of the items to be sold and also with the fact that the Belmores were selling items that were made by people other than themselves. Mayor Gunkel stated that if the Council allowed outside display of items for the Belmore's. they may be setting a precedent for other similar requests. Councilmember Schuldt indicated He stated that he considers the part of the home occupation. consider as commercial business. he is not opposed to home occupations. manufacturing and selling of products as but the display of the items he would Russ Olson. neighboring resident indicated he had no objection to the request. COUNCILMlMBER TRALLE MOVED HOMl OCCUPATION REQUESTED FOLLOWING STIPULATIONS: TO APPROVE THE CONDITIONAL USE PERMIT OF A BY BARB BELMORE OF 1214 6TH STREET WITH THE 1. HOURS OF OPERATION ARE TO BE FROM 9:00 A.M. TO 8:00 P.M. a. THAT TWO OFF STRIIT PARKING STALLS BE MAINTAINED IN THE DRIVEWAY. e 3 . THAT THERE BE NO OTHER EMPLOYEES OTHER THAN THE RESIDENTS OF THE HOME. 4. THAT ONLY ONE SIGN BE ALLOWED. NOT TO EXCEED 2 SQUARE FEET IN AREA AND MOUNTED FLAT ON THE OUTSIDE WALL OF THE DWELLING. s. THAT THERE BE NO OUTSIDE DISPLAY OF ITEMS. 6. THAT ONE PARKING STALL BE MAINTAINED IN THE GARAGE FOR THE SOLE USE OF A VEHICLE. COUNCIL MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Administrative Subdivision Request/Scott & Cheryl Ryan/Public Hearing Mayor Gunkel explained that administrative subdivision to two 2~ acre parcels. She noted of 192nd Avenue and Waco Street. Scott and Cheryl Ryan are requesting an subdivide an existing 5 acre parcel into the property is located near the corner Steve Bjork. Zoning Assistant. stated that the Ryans are providing an overlay which would allow the owners of the lot to divide the property when City services become available. e 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 SCOTT AND CHERYL RYAN TO SUBDIVIDE ONE FIVE ACRE PARCEL OF LAND INTO TWO 2" ACRE PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT NEW LEGAL DESCRIPTIONS FOR THE AFFECTED PROPERTIES ARE PROVIDED TO THE CITY. e e e Page 6 City Council Minutes October 17. 1988 2. THAT $200 IN PARK DEDICATION FEES BE PAID TO THE CITY. 3. THAT PERC TESTS BE PROVIDED TO THE CITY. 4. THAT A STATEMENT REGARDING THE OVERLAY OF THE LOT BE RECORDED WITH THE PROPERTY SO AS TO PUT FUTURE PURCHASERS OF THE PROPERTY ON NOTICE THAT CITY SEWER IS POSSIBLE IN THE FUTURE AND THAT IT IS POSSIBLE TO SPLIT THE LOT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Administrative Subdivision Request/James & Karen Ford/Public Hearing Steve Bjork. Zoning Assistant. indicated that James & Karen Ford are requesting an administrative subdivision to subdivide a 2~ acre existing parcel into two parcels a 1 acre parcel and a 1~ acre parcel. The property is located on the western edge of the City between Highway 10 and 192nd Avenue NW. Mr. Bjork indicated that a overlay has been provided for the future splitting of the lot to be sold. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JAMES AND KAREN FORD TO SUBDIVIDE A 2~ ACRE PARCEL OF LAND INTO TWO LOTS - A 1 ACRE PARCEL AND A 1~ ACRE PARCEL, WITH THE FOLLOWING STIPULATIONS: 1. THAT NEW LEGAL DESCRIPTIONS ARE PROVIDED TO THE CITY FOR THE AFFECTED PROPERTIES. 2. THAT $200 IN PARK DEDICATION IS PAID TO THE CITY. 3. THAT THE RESULTS OF A PERC TEST BE PROVIDED TO THE CITY. 4. THAT A STATEMENT REGARDING THE OVERLAY OF THE LOT BE RECORDED WITH THE PROPERTY SO AS TO PUT THE FUTURE PURCHASERS OF THE PROPERTY ON NOTICE THAT CITY SEWER IS POSSIBLE IN THE FUTURE AND THAT IT IS POSSIBLE TO SPLIT THE LOT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.8. NSP/RDF Processing Facility Update Steve Rohlf. Building and Zoning Administrator. updated the Council on the environmental review of the NSP RDF facility. He reviewed his memo dated October 12. 1988. with the Council which stated his concerns regarding the project. Discussion was held regarding the fact that the permit does not specifically state that NSP is to retain fire suppression water that comes into contact with garbage. Mr. Rohlf indicated that he feels this is important and should be provided. It was also the consensus of the City Council to provided for the retention of the fire suppression water. e e e Page 7 City Council Minutes October 17. 1988 6.1. Consider Resolution Authorizing Tax Levies and Budget The City Council was presented with a completed budget. The budget had previously been discussed at City Council meetings. COUNCILMKMBER TULLE MOVED TO APPROVE THE GENERAL FUND BUDGET IN THE AMOUNT OF $2.145.600. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE EQUIPMENT CERTIFI CATE BUDGET IN THE AMOUNT OF $102.000. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REMAINING SPECIAL LEVY BUDGETS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-90. AUTHORIZING TAX LEVIES FOR THE 1989 CALENDAR YEAR. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. A RESOLUTION COUNCILMEMBER 6.2. Consider Gambling License for Elk River Youth Hockey The Counc i1 River Youth took no Hockey action to deny a renewal application for the Elk for charitable gambling at Broadway Bar and Pizza. 6.3. Liquor Store Improvement Fritz Do1ejs. Liquor Store Manager. indicated that he is requesting approval of the low refrigeration quote and othe aspects of the project to double the size of his cooler. He noted that he contacted Gene Kreuser. John Weicht. and Zim City Construction who all indicated they could not do the work. Art Hidde accepted the job at a cost of $6.400. Mr. Do1ejs further indicated he received quotes regarding the refrigeration portion of the project and the lowest quote was from Elk River Refrigeration at $9.682. He noted that other aspects of the work needed to be completed in relation to the cooler are listed in his memo of October 11. 1988. COUNCILMEMBER TRALLE MOVED TO AUTHORIZE THE EXPENDITURE OF THE NECESSARY FUNDS FOR THE EXPANSION OF THE COOLER AT NORTHBOUND LIQUOR AND TO ACCEPT THE QUOTE OF $9.682 FROM ELK RIVER REFRIGERATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Check Register COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0.' e e e Page 8 City Council Minutes October 17. 1988 8. Other Business COUNCILMEMBER TRALLE MOVED TO RECONSIDER THE MATTER OF TABLING AGENDA ITEM 5.3 AND TO CALL A SPECIAL MEETING FOR THE PURPOSE OF CONSIDERING THIS MATTER AT 10:00 P.M. ON WEDNESDAY. OCTOBER 20. 1988. AT ELK RIVER CITY HALL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.1. City Administrator Update The City Administrator updated the Council on a proposal to the County for the purchase of the County building by Hardees Restaurant. The City Administrator informed the presentation by the Brooklyn Park 11/1/88 Recreation Board Meeting. Council that there will be a Park and Recreation Director at a The City Administrator informed the Council that a meeting with Burlington Railroad has been set for October 25 regarding the purchase of the railroad bed trail. The City Administrator informed the Council that a recycling task force will be discussed at the next City Council meeting. 8.2. Counci1member Tra11e Update Counci1member Tra11e stated that Mr. Glen Levine will be coming to Elk River on October 27. 7:30 p.m. to make a public statement regarding Highway 101. This will be held at Salk Jr. High School. 9. Adjournment There being THE MEETING. CARRIED 4-0. no further business. COUNCILMEMBER TRALLE MOVED TO ADJOURN COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION The meeting of the Elk River City Council adjourned at 9:55 p.m. ;Jil1~cUj Jt1ilCJ6/lcu( Sandy Thackeray Deputy City Clerk