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03-16-1987 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MARCH 16. 1987 e Members Present: Mayor Gunkel. Councilmembers Schuldt. Tralle. Holmgren and Dobel Members Absent: None Staff Present: Pat Klaers. City Administrator; Stephen Rohlf. Building and Zoning Administrator 1. The City Council Committee meeting was called to order at 7:00 p.m. by Mayor Gunkel. Mayor Gunkel indicated that there has been a parcel of property put on the real estate market for sale which the City felt may be adviseable to consider for park land. Dick Hinkle. real estate agent for Century 21 indicated he was present as the realtor for the property. He indicated the land was approximately 160 acres in size and the listing price was $1.200 per acre. Mr. Hinkle noted that the owners had shown an interest in keeping the land in a natural state. Mr. Hinkle also noted that earnest money put down by the City could be returned if it were written up stating certain conditions in the purchase agreement. Mr. Hinkle informed the Council that there is an easement to the property. but is not currently passable. e Councilmember Tralle questioned how much money the City has in the park fund and also questioned whether the City could possibly sell part of the property to help cut the cost. Pat Klaers. City Administrator stated that he felt it would be a good idea for all the Councilmembers to visit the site before a final decision is made. He further indicated that while approximately $60.000 is in the park dedication fund. the Staff has no idea where the additional funds would come from for the purchase of the property. Mr. Klaers stated that if all the money would come from the park fund. it would put an immediate stop on the development of other parks in the City. Mayor Gunkel stated that by putting the earnest money down the City is buying time to do some financial and community support investigating. Further discussion was held regarding the easement. Mayor Gunkel called the Regular Meeting of the Elk River City Council to order at 7:30 p.m. 2. Consider 3/16/87 City Council Agenda Item 7.7. Park Land; 9A. miscellaneous administrative items and 9B. Discover Elk River Packets was added to the agenda. e The City Administrator indicated to the City Council that review and consideration of a proposal from the Elk River Landfill to have a study conducted at the Waste Water Treatment Plant for the possible municipal treatment of landfill collected leachate has been removed from the agenda at the request of the Landfill Operator. Chris Kreger. Page 2 e City Council Minutes March 14. 1987 COUNCILMEMBER DOBEL MOVED TO APPROVE COUNCILMEMBER TRALLE SECONDED THE MOTION. THE AGENDA AS AMENDED. THE MOTION PASSED 5-0. 3. Consider 3/2i87 City Council Minutes It was noted that on page 2 of the March 2. 1987 Council minutes word moral should be changed to "morale." It was further noted that the following wording should be added on page 3 under the item discussing renting of City Hall: "That no walls be removed and also that the building will not be used as a warehouse." COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MARCH 2. 1987 CITY COUNCIL MINUTES AS AMENDED ~ COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. Consider 3/2/87 Council Committee Meeting Minutes It was noted that word Committee on pages 2 and 3 should be changed to Council. e COUNCILMEMBER TRALLE MOVED COMMITTEE MEETING MINUTES ~ THE MOTION PASSED 5-0. TO APPROVE THE MARCH 2. 1987 CITY COUNCIL COUNCILHEMBER DOBEL SECONDED THE MOTION. 4. Open Mike No one appeared for this item. 5. Street Department Annual Report This item was tabled until the next Council Committee Meeting. 6.1. Sign Request by County Market The Building and Zoning Administrator noted that Jerry Hagen is requesting an additional sign for the County Market. Mr. Rohlf noted that the County Market is located in a PUD which is no particular zoning district. but should try to stay within the rules of a similar zoned district for the area which would be highway commercial. Mr. Rohlf noted that the County Market is requesting an additional 64 square feet for a reader board to be located on the Highway 169 side of the store. e Planning Commission representative. Arlon Fuchs. noted that the Planning Commission recommended approval for the 64 square foot reader board on the northeast corner with the understanding that the signage would be below the parapet. Mayor Gunkel stated she felt if this sign request were granted. the Council would soon have other requests from tenants of the mall to put up such signs advertising prices. Mayor Gunkel further stated she did not feel it added to the attractiveness of the building. Page 3 City Council Minutes March 16. 1987 e Councilmember Tralle questioned the interpretation of frontage which zones other than PUD. The Building frontage was figured on all roads has been done in the past. Building and Zoning Administrator's determines the amount of signage in and Zoning Administrator stated the that abut the property as it always Councilmember Dobel stated he felt that too many signs would take away from the appearance of the area. Mr. Jeff Lane. representing County Market. stated their intention was not to distract from the area. but felt by adding the sign they would be helping other tenants as this would bring more people to the mall. Councilmember Tralle stated he felt this type of sign on a highway would distract the drivers' attention and. therefore. could create a safety hazard. Councilmember Dobel noted that he concurred with Councilmember Tralle. Councilmember Holmgren stated he did not feel the sign would be a distraction. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SIGN REQUEST FOR A 64 SQUARE ~OOT UAD1Ut BOARD AS PER THE RECOMMENDATIONS FROM THE PLANNING COMMISSION. COUNCILMEMBER DOBEL SECONDED THE MOTION. Councilmember Tralle stated that he would have no problem with the sign board but that he did have a problem with the sign advertising different products. Councilmember Schuldt stated he shared Councilmember Tralle's concern regarding the square footage and further stated that County Market has two signs up at the present time. THE MOTION FAILED 1-4. MAYOR GUNKEL AND COUNCILMEMBERS TRALLE. DOBEL AND SCHULDT VOTED NAY. 6.2. Consideration of Conditional Use Permit (Walkway) by Barthel/Public Hearing Mayor Gunkel noted that Barthel is requesting a conditional use permit to allow an amendment to the Planned Unit Developer's Agreement for the Elk River Plaza to have a covered walkway from the existing shopping center to the new expansion instead of an enclosed link. Planning Commission Planning Commission Developer's Agreement Representative. Arlon Fuchs. stated that the recommended to maintain the original intent of the which was to have the enclosed link. e Dave Wolff. representing Barthel. handed out to the Council a revised plan which showed an enclosed link up to. but not including Pamida. Page 4 e City Council Minutes March 16. 1987 Mayor Gunkel opened the public hearing. Ann Raymond tenants and presented. stated that she stated the she new pl ans ag rees wi th have been shown to the mall the compromise Barthel has Duane Kropuenske stated he was perplexed because of the fact that this proposal in front of the Council was so different from what the Planning Commission voted upon. Ed Orwa11 stated that the plan review in front of the Council tonight is Barthel's response to what the Planning Commission and tenants at the mall had requested. He indicated this was an acceptable solution to the tenants. Mayor Gunkel closed the public hearing. Mayor Gunkel indicated that the Developer's Agreement states "enclosed link to Pamida" and stated that this may suffice instead of having to change the Developer's Agreement. e Councilmember Tralle is a good compromise Agreement with wordage stated he felt the site plan presented by Barthel and stated he would support amending the PUD to reflect the enclosed link excluding Pamida. Discussion was held regarding the fact that Pamida is not being considered as part of the enclosed link. It was indicated that Pamida was not made aware of this part of the Developer's Agreement and further that they are not interested in being part of the enclosed link. Discussion was held regarding the present wordage of the Developer's Agreement. It was the consensus of the City Council that there is no need to change the Developer's Agreement. It was the consensus of the Council that references in Amendment #2 to the Elk River Plaza Development Agreement regarding the enclosed link be stricken so the original PUD Agreement would remain as is. and only references regarding the office building approved by the Council on 10/6/86 on Lot 3. Block 1. Elk River Plaza Second Addition. would remain in Amendment #2. COUNCILMIM!ER TRALLE MOVED TO APPROVE AMENDMENT NO. 2 TO THE ELK RIVER PLAZA DlWELOPMENT AGREEMENT WITH THE STIPULATION THAT THE FOURTH PARAGRAPH STARTING WITH "WHEREAS" BE. STRICKEN REGARDING THE WALKWAY. AND mAT NUMBER 2 or PAGE 2 ALSO BE. STRICKEN. COUNCILMEMBER DOBEL SECONDED 'mE MOTION. THE MOTION PASSED 5-0~ ~ 6.3. Consideration of Conditional Use Permit by Barthel Construction/Public Hearing The Building and Zoning Administrator noted that Barthel Realty is requesting a conditional use permit for a temporary real estate office on Lot 15. Block 1 of Presidential Estates. Page 5 e City Council Minutes March 16. 1987 Planning Commission Representative. Duane Kropuenske. stated that the Planning Commission recommended approval with certain conditions which are listed in the Building and Zoning Administrator's memo to the City Council dated March 12. 1987. Mayor Gunkel opened the public hearing. No one appeared for or against the item. Mayor Gunkel closed the public hearing. Councilmember Tralle Administrator's memo noted he felt the sufficient and that parking spaces. referred to number 2 of the Building and Zoning which related to adequate off street parking. He wording "Adequate off street parking" is not he would like to see a number to define off street The Building and Zoning Administrator noted that when the driveway is tarred there will be additional parking spaces. COUNcILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR BARTHEL'S TEMPORARY REAL ESTATE OFFICE WITH THE FOLLOWING CONDITIONS: e 1. MAXIMUM AMOUNT OF SIGNAGE ALLOWED IS 32 SQUARE FEET. 2. 4 OFF STREET PARKING STALLS BE PROVIDED. 3. HOURS .OF OPERATION FROM 8:00 A.M. TO 9:00 P.M. FOR SALES (OFFICE PERSONNEL MAY WORK LATER). 4. LIGHTING BE DIRECTED AWAY FROM NEIGHBORING RESIDENCES AND RIGHTS-OF- WAY. 5. THIS REAL ESTATE OFFICE BE ALLOWED FOR 24 MONTHS (MARCH 1989) OR UNTIL PRESIDENTIAL ESTATES IS 90% COMPLETED. WHICHEVER COMES FIRST. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.4. Consideration of Conditional Use Permit for Army Recruiting Office Public Hearing Mayor Gunkel noted that this request has been withdrawn by applicant. but that this was advertised as a public hearing. and therefore. would be opened to the public. Mayor Gunkel opened the public hearing. There being no comments regarding this matter. Mayor Gunkel closed the public hearing. 6.5. Consideration of Administrative Subdivision by Jeff Mastley/Public Hearing e The Building and Zoning Administrator noted that Mr. Jeff Mastley was requesting an Administrative Subdivision to split approximately 20 acres into three parcels. Mayor Gunkel opened the public hearing. There being no public comment regarding this matter. Mayor Gunkel closed the public hearing. Page 6 e City Council Minutes March 16. 1987 COUNcILMEMBER SCHULDT MOVED APPROVAL OF THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JEFF MASTLEY WITH $200 PARK DEDICATION FEE PAYABLE TO THE CITY OF ILK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.6. Consideration of Administrative Subdivision by Donald Olmsted/Public Hearing The Building and Zoning Administrator noted that Mr. Olmsted is requesting an administrative subdivision to a parcel of land into 3 lots to accommodate single family dwellings. Mr. Rohlf noted that the sewer and water connection fee had been paid on Parcel E. He further noted that Mr. Olmsted is aware that he would be made responsible for the sewer and water stub-ins for Parcels F & G. However. since an existing house was recently removed from this original Parcel that had already paid for sewer and water hook-up. it may be proper to let one of the new parcels hook up with no charge. Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. e COUNCILMEMBER TRALLE MOVED APPROVAL OF THE ADMINISTRATIVE SUBDIVISION REQUESTED BY DON OLMSTED WITH THE STIPULATION THAT THE WATER AND SEWER STUB-INS BE ACCOMPLISHED AND PAID FOR BY DON OLMSTED FOR PARCELS F & G AND THAT THE LOCATION. OF THE STUD-INS BE DETERMINED BY STAFF. THAT PARCEL G BE ASSESSED THE HOOK UP FEE AND THAT PARCEL F BE FORGIVEN THE HOOK UP FEE AND FURTHER THAT A $200 PARK DEDICATION FEE' BE PAID TO THE CITY OF ELK RIVER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. Consider Administrative Subdivision Request by First National Bank Public Hearing The Building and Zoning Administrator noted that the First National Bank of Elk River is requesting an administrative subdivision for Parcel VI. (Parts of Lots 1 and 2. Blcok 6. Barrington Place PUD). Mr. Rohlf noted that this property was approved for a lot split into two lots at the 1/12/87 Council meeting. but due to financing. the developer is requesting a different version of the previously approved subdivision (which was not recorded.) Mr. Gary Santwire. representative of First National Bank. stated he is proposing that the lot on which Building B is located shall remain as one lot. Building A site would become two different lots and the parking lot and fire lanes would become a fourth common area lot. e The Building and Zoning Administrator noted that the only change in the site plan in front of the Council is the creation of two separate sewer lines because there will be two different owners. Mr. Rohlf also explained that the parking lot and fire lanes would become a common area lot. He further noted that Gary Santwire has drawn up by-laws regarding this common area. Page 7 e City Council Minutes March 16. 1987 Mayor Gunkel opened the public hearing. There being no public comment regarding this matter. Mayor Gunkel closed the public hearing. Councilmember Schuldt questioned the by-laws and what they dealt with. Gary Santwire responded by indicating that the finished copy of the by-laws are about 20 to 30 pages in length and will deal with both owners. COUNcILMEMBER TRALLE MOVED APPROVAL OF THE ADMINISTRATIVE SUBDIVISION REQUEST BY FIRST NATIONAL BANK WITH THE STIPULATIONS IMPOSED BY THE PLANNING COMMISSION AND THAT NO PARK DEDICATION FEE BE PAID BECAUSE THE PROPERTY IS COMMERCIAL.AND THAT THE CITY ATTORNEY REVIEW THE BY-LAWS AND CHARGE THE FEES BACK TO THE DEVELOPER WHICH SHALL BE PAID PRIOR TO THE RECORDING OF THE ADMINISTRATIVE SUBDIVISION~ COUNCILMEMBER HOLMLGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.5. Cable TV Franchise Transfer Resolution/Public Hearing tit Gary Matz. representing Jones Intercable presented a resolution to the Council which would authorize the assignment and transfer of the cable communications franchise to construct. operate and maintain a cable communications system. Mr. Klaers stated that he is a member of the Cable Commission and that they met at a public hearing to consider this resolution. He noted Mr. Matz is present with changes in the resolution. Mr. Matz stated that they are requesting two changes and that these changes are only clarification changes. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. The City Administrator informed the Council that even though the changes proposed do not affect the intent of the agreement. the Cable Commission Attorney has not yet had a change to respond to these proposed changes. COUNCILMEMBER TRALLE MOVED TO APPROVE RESOLUTION 87-17, A RESOLUTION AUTHORIZING THE ASSIGNMENT AND TRANSFER OF A CABLE COMMUNICATIONS FRANCHISE TO CONSTRUCT. OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM CONTINGENT UPON FAVORABLE RECOMMENDATION BY THE CABLE ATTORNEY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Mr. Gary Resolution wording. " Matz stated contingent he would like the motion to state approval of "that the Cable Attorney has no objection to the - COUNcILMEMBER TRALLE MOVED TO AMEND THE MOTION TO STATE "CONTINGENT UPON '!'HE CABLE ATTORNEY HAVING NO OBJECTION TO THE WORDING. n COUNCILMEMBER SCHULDT SECONDED THE AMENDMENT. THE AMENDMENT PASSED 5....0. '!'HE MOTION AS AMENDED PASSED 5-0. Page 8 e City Council Minutes March 16. 1987 6.8. Consideration of Conditional Use Permit by Dale Lang/Public Hearing The Building and Zoning Administrator indicated that Mr. Lang is requesting a conditional use permit to allow a travel trailer as a dwelling on his property while he constructs a house. Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEr.. MOVED APPROVAL OF THE CONDITIONAL USE PERMIT REQUESTED BY DALE LANG TO ALLOW A TEMPORARY MOBILE HOME ON HIS PROPERTY WHILE HE CONSTRUCTS HIS HOUSE WITH THE STIPULATION THAT THE MOBILE HOME NO LONGER BE USED AS A DWELLING SIX MONTHS' AFTER BUILDING PERMIT ISSUANCE. THAT THE SEPTIC SYSTEM BE DISCONNECTED AFTER THE SIX MONTH TIME PERIOD AND THAT THE WHEELS NOT BE REMOVED FROM THE MOBILE HOME. COUNCILMEMBER TRALLE SECONDED. THE MOTION. THE MOTION PASSED 5-0. 6.9. Consideration of Conditional Use Permit by Scott Mitchell/Public Hearing e The Building and Zoning Administrator noted Scott Mitchell is requesting a conditional use permit to allow an approximate 480 square foot addition to the Elk River Dairy Queen. Planning Commission Representative. Arlon Fuchs. noted that the Planning Commission recommended approval of the conditional use permit requested by Scott Mitchell for the addition to the Elk River Dairy Queen with the conditions that that parking be provided to comply with the City Code. that parking stripes be painted. that handicapped restrooms be added. and lastly. that the conditional use permit be reviewed in two years. Mayor Gunkel opened the public hearing. There being no public comment regarding this matter. Mayor Gunkel closed the public hearing. Councilmember Schuldt questioned the parking of boats and campers. Mr. Kropuenske stated that these vehicles would park in the street. Mr. Rohlf stated that the striping of the parking lot would maximize the parking and would improve the parking conditions. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY SCOTT MITCHELL' TO ALLOW AN APPROXIMATE' 480 SQUAD P'O()!f ADDITION. TO THE.. ELK RIVER DAIRY QUEEN WITH THE FOLLOWING CONDITIONS: 1. THAT THE PARKING LOT BE STRIPED AND DIRECTIONAL AaROWS BE ADDED, 2. THAT THE MINIMUM PARKING BE AS PER -CITY CODE. 3. THAT. SCOTT MITCHELL . MEET WITH STAFF TO MAXIMIZE THB NUMBER or PARKING STALLS ON A SITE. 4. THAT HANDICAPPED. RESTROOMS BE ADDED TO THE SITE. 5. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN 'lW0 YEARS. 6. A MAXIMUM ADDITION OF 640 SQUARE FEET BE ADDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. Page 9 e City Council Minutes March 16. 1987 6.10. Consideration of Variance by Scott Mitchell/Public Hearing The Building and Zoning Administrator noted that Mr. Mitchell is requesting a variance for a 15 foot encroachment on the 25 foot front yard setback to accommodate the addition. and also a 10 foot encroachment on the 10 foot setback required from property line to commercial parking lot. Planning Commission Representative. Duane Kropuenske indicated that the Planning Commission recommended approval 6-0. Mr. Kropuenske further noted that he felt the variance would allow maximum parking and traffic flow . Mayor Gunkel opened the public hearing. There being no comment from the public regarding this matter. Mayor Gunkel closed the public hearing. cOUNCILMEMBER TRALLE MOVED APPROVAL OF THE VARIANCE REQUESTED BY SCOTT MITCHELL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. e 6.11. Consideration of Zone Change request by Standard Lumber/Public Hearing The Building and Zoning Administrator noted that Standard Lumber is requesting a zone change on Lot 4. Block 10. Village of Elk River from C- 4 to I-1/Light Industrial. Planning Commission Representative Kropuenske stated that the Planning Commission recommended approval 6-0 for the zone change request. Mayor Gunkel opened the public hearing. There being no public comment regarding this item. Mayor Gunkel closed the public hearing. cOUNCILMEMBER SCHULDT MOVED TO APPROVE ORDINANCE 87-14 A ZONE CHANGE REQUEST FOR STANDARD LUMBER FROM C-4 TOI--l. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER ZONE CHANGE. PASSED 5- O. SCHULDT MOVED TO AMEND THE LAND USE MAP TO REFLECT THE COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION 6.12. Variance Request by Standard Lumber/Public Hearing e The Building and Zoning Administrator requesting a 45 foot encroachment on on the north line along 4th Street and the 25 foot setback along the east line 100 foot storage building. noted the 50 also a of Lot that Standard Lumber is foot front yard setback 10 foot encroachment on 4 to erect a 50 foot by Planning Commission Representative. Kropuenske. indicated that the Planning Commission recommended approval with the stipulation that a cedar fence be placed on the east property line. Page 10 e City Council Minutes March 16. 1987 The Building and Zoning Administrator noted that most of the existing buildings in the neighborhood also encroach on the setbacks. He further noted that another reason for the request is so that the loading and unloading will be on the opposite side of the building from 4th Street to keep the loading area out of view. Mayor Gunkel opened the public hearing. There being no comment from the public. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUESTED BY STANDARD LUMBER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5- O. 6.13. Conditional Use Permit Request by Ann Bergstrom/Public Hearing The Building and Zoning Administrator noted that Ann Bergstrom of 19263 Lowell Street is requesting a conditional use permit to allow an expansion of an existing conditional use permit to add square footage to her home beauty shop in order to add one additional styling station and one employee. e Planning Commission Representative Arlon Fuchs indicated that the Planning Commission recommended approval with the conditions that Ms. Bergstrom be restricted to two styling stations and one full-time additional employee. The Building and Zoning Administrator noted that one issue the Planning Commission discussed in length was the hiring of an additional employee. and whether or not this was taking advantage of the conditional use permit for a home occupation. Mayor Gunkel opened the public hearing. There being no public comment regarding this matter. Mayor Gunkel closed the public hearing. Councilmember Tralle noted he felt there is a problem with bringing in outside employees. He indicated the Council should look at setting up some type of guidelines regarding home occupation. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE P!RMI~ REQUESTED BY ANN BERGSTROM FOR AN EXPANSION TO HER 'HOME OCCUPATION WI'l'K THE FOLLOWING STIPULATIONS: 1. HOURS OF . OPERATION- - TWO EVENINGS UNTIL 9:00 P.M. OTHERWISE 6:00 P.M. CLOSING TIME. 2. A MAXIMUM OF THE EQUIVALENT OF ONE FULL TIME NON-RESIDENT EMPLOYEE (COULD BE TWO PART TIME EMPLOYEES). 3. A MAXIMUM OF TWO STYLING STATIONS. 4. '.tWO YEAR REVIEW OF CONDITIONAL USE PERMIT. S. A MAXIMUM OF TWO SQUARE FEET OF SIGNAGE. 6. ENOUGH OFF-STREET PARKING FOR THE. NORMAL AMOUNT OF TRAFFIC ASSOCIATED WITH BUSINESS. . . COUNCILMEMBER DOBEL SECONDED THE MOTION. Page 11 e City Council Minutes March 16. 1987 Councilmember Schuldt stated he felt the same as Councilmember Tralle regarding home occupations. He indicated that allowing outside employees defeats the purpose of a home occupation. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT VOTED AGAINST 'rim MOTiON. 6.14. Zone Change Request by Jerry Smith/Public Hearing The Building and Zoning Administrator noted that Jerry Smith is requesting a zone change from R1-A to R1-B on property he is proposing to plat. The Building and Zoning Administrator noted that Mr. Smith is proposing water and sewered lots. Planning Commission Representative Arlon Fuchs stated that the Planning Commission recommended approval of the zone change. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE ORDINANCE 87-15. AN ORDINANCE AMENDING THE ELK RIVER ZONING MAP TO ZONE PROPERTY FROM R-1A TO R-1B. COUNCILMEMBER HOLMGREN SECONDED. THE MOTION. THE MOTION PASSED 5-0. 6.15. Ordinance Amendment Regarding Easements/Public Hearing The Building and Zoning Administrator informed the Council that this Ordinance would not allow structures. fences. other obstruction and plantings other than grass in drainage and utility easements. Mayor Gunkel opened the public hearng. There being no comment from the public. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ADOPT AMENDING SECTION 1008.16 - EASEMENTS. MOTION. THE MOTION PASSED 5-0. ORDINANCE 87-16, AN ORDINANCE COUNCILMEMBER DOBEL SECONDED THE 6.16. Ordinance Amendment Regarding Used Cars/Public Hearing Mayor Gunkel introduced this ordinance amendment which will allow used cars as a conditional use in C-3A zones. The Building and Zoning Administrator indicated this amendment was already passed by the Council a couple of years ago but wasn't published to make it legal. e Planning Commission Representative Kropuenske indicated Planning Commission recommended approval 6-0. that the Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. Page 12 e City Concil Minutes March 16. 1987 COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 87-17. AN ORDINANCE AMENDING SECTION 900.16 - CONDITIONAL USES. SUBSECTION 6A-C-3A/HIGHWAY COMMERCIAL DISTRICT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.1. School Street/Elk Hills Drive Signalization Resolution COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 87-17. A RESOLUTION OF THE CITY OF ELK RIVER REQUESTINGMNDOT TO MAKE IMPROVEMENTS WHICH HAVE BEEN DESIGNED FOR THE ELK HILLS DRIVE/SCHOOL STREET AND T.H. 169 INTERSECTION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.2. Industrial Park Improvements/Resolution COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 87-18. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER, WATERMAIN. STORM DRAINAGE AND STREET IMPROVEMENTS IN PHASE II OF THE ELK RIVER. INDUSTRIAL PARK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 4It 7.3. Transient Merchant License/Robert Madland/Public Hearing Mayor Gunkel introduced this Robert Madland is requesting a to sell flowers on weekends Parking Lot. item and explained to the Council that renewal of a transient merchant license and holidays in the Northbound Liquor Mayor Gunkel opened the public hearing. There being no comment from the public. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED APPROVAL OF THE TRANSIENT MERCHANT LICENSE FOR ROBERT MADLAND TO SELL FLOWERS IN THE NORTHBOUND LIQUOR PARKING LOT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.4. Consideration of Joint Powers Agreement/Fire Department Training Manual COUNCILMEMBER DOBEL MOVED APPROVAL OF THE JOINT POWERS AGREEMENT FIRE DEPARTMENT TRAINING MANUAL CONTINGENT UPON THE CITY ATTORNEY REVIEWING THE AGREEMENT. cOUNCILMEMB!R HOLMGREN SECONf,l!D THE MOTION ~ 'I'HE MOTION PASSED 5-0. 7.6. Gambling License Request by Elk River Eagles Mayor Gunkel noted that the Eagles were requesting a Class A Gambling License from the Minnesota Charitable Gambling Control Board. e The Council took no action on this request. Page 13 e City Council Minutes March 16. 1987 7.7. Park Land Discussion was held regarding the terms the City would offer the Lamms in the purchase agreement for the land. Financing the cost of the entire 160 acres was discussed along with obtaining feedback from the community on its general support for this wilderness/natural park project. Offering between $600 and $800 per acre was discussed. COUNCILMEMBER SCHULDT MOVED TO OFFER $600 PER ACRE FOR THE LAND AT 8% INTEREST FOR TEN YEARS WITH NO BALLOON PAYMENT. AND WITH $2,000 EARNEST MONEY DOWN CONTINGENT UPON FINANCING BEING AVAILABLE. COUNcILMEKBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 8. Check Register COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5~0. 9A. The Building and Zoning approached him regarding discussion. it was Council if Mr. Anderson removes there be no lighting on temporary; 3 years or until Administrator noted that Dennis Anderson has signage in Brentwood. After Council consensus to allow 96 square feet of signage the other signs he has up. and further that the signs. and further that the sign be the subdivision is 85% full. e The Building and Zoning Administrator noted he had the wording change from the Attorney on the NSP License. #12. The Council directed the Building and Zoning Administrator to proceed with the word change. 9B. Councilmember Tralle indicated that he would like to see the City of Elk River put some material together to include with the Discover Elk River Packets. He indicated that maybe Elk River pins. would be a good idea to include in these packets on an information card giving Councilmember names. There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. The meeting of the Elk River City Council adjourned at 11:20 p.m. ~~ Sandy Thackeray ;; Recording Secretary e