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04-20-1987 CC MIN e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. APRIL 20. 1987 Members Present: Mayor Gunkel. Councilmembers Dobel. Tralle. Holmgren and Schuldt. Members Absent: None Staff Present: Patrick Klaers. City Administrator and Stephen Rohlf. Building and Zoning Administrator 1. Mayor Gunkel called the City Council meeting to order at 7:30 p.m. 2. Consideration of 4/20/87 Council Agenda Item 5.6 was moved to 5.0 and item 8A - Deerfield 3rd was added to the agenda. COUNCIL MEMBER TRALLE AGENDA AS AMENDED. PASSED 5-0. MOVED TO APPROVE THE APRIL 20. 1987 CITY COUNCIL COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION 3. Consideration of 4/6/87 City Council Minutes Mayor Gunkel noted the following change to be made in the minutes: on page 3. item 3.3. 5th sentence after the word Hall. delete the remainder of the sentence and add "site to be used for City Hall. The building is an eyesore and should be sold with covenants for improvements." COUNCILMEMBER HOLMGREN MINUTES AS AMENDED. MOTION PASSED 5-0. MOVED TO APPROVE THE APRIL 6. 1987 CITY COUNCIL COUNCILMEMBER TRALLE SECONDED THE MOTION. THE Consideration of 4/13/87 City Council Minutes COUNCILMEMBER AS PRESENTED . PASSED 5-0. SCHULDT MOVED TO APPROVE THE 4/13/87 CITY COUNCIL MINUTES COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION 4.1. Proclamation Mayor Gunkel read a proclamation which proclaims the last Friday of April to be Arbor Day and further noted that the proclamation will be posted at City Hall. 4.2. Open Mike No one appeared to address the Council. Page 2 e City Council Minutes April 20. 1987 5.0. Administrative Subdivision Request by John Weicht/Public Hearing Mayor Gunkel addressed this item by explaining that John Weicht was requesting an administrative subdivision to divide a piece of property 4 1/2 acres in size into two lots; one being 2.1 acres and the remaining being 2.4 acres in size. She further stated that the proposed split parcels meet the minimum lot size and frontage requirements for the various zones under consideration. Mayor Gunkel stated that there are a number of easements running through the lot; and further that the park dedication would be determined by the zoning of the property. Mayor Gunkel opened the public hearing. Mr. John Weicht stated that the fact there are so many easements in the lot is the main reason for the administrative subdivision request. He further indicated that he felt the whole lot was commercial in nature and not suitable for an R-1 area. Mayor Gunkel closed the public hearing. e ~@YNaILMIMIER SCHULDT MOVED TO APPROVE THE REQUEST FOR AN ADMINISTRATIVE SUBDIVISION BY JOHN WEICHT WITH THE PARK DEDICATION CONTINGENT UPON ZONE CHANGE AND FURTHER THAT 50 FEET OF EASEMENT BE GRANTED ALONG PROCTOR AVENUE TO SHERBURNE COUNTY. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.1. Zone Change Request by John Weicht/Public Hearing Mayor Gunkel R-1b to R-3 subdivision. nature was in stated that John for the property She stated that line with the land Weicht was requesting a zone change from which was just granted an administrative the request for A zone change of this use map. Peter Kimball. Planning Commission Representative. stated that this item was reviewed by the Planning Commission and that the Commission felt the property should not have one zone classification but that there should be a transition zone of R-2b bordering the Nystrom property. He noted the Commission recommended that Parcel A be zoned R-3 and. Parcel B be zoned R2-b. Mayor Gunkel opened the public hearing. John Weicht stated that he concurred with the Planning Commission's recommendation but further stated he would prefer an R-3 zone because of the restrictions on an R2-b zone. e Jim Nystrom stated he owned the land to the north of the affected property. He stated that an R-2 zone would be an acceptable compromise to him that would protect the value of his property. Mayor Gunkel closed the public hearing. Page 3 e City Council Minutes April 20. 1987 COUNCILMEMBER SCHULDT MOVED TO APPROVED ORDINANCE 87-18 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE PROPERTY PRESENTLY OWNED BY MRS. JOHNSON AND TO BE PURCHASED BY JOHN WEICHT AND LOCATED IN THAT PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION 28. TOWNSHIP 33. RANGE 26, SHERBURNE COUNTY. MINNESOTA (A COMPLETE LEGAL AVAILABLE ON FILE AT CITY HALL) FROM R1-B/SINGLE FAMILY TO: PARCEL A AS R2-B AND PARCEL B AS R-3. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.2. Zone Change Request by Irene Mayer/Public Hearing Mayor Gunkel noted ordinance amendment R1-a. that to Irene Mayer of Elk zone change property River is requesting an she owns from A-1 to Planning Commission Representative Kimball stated that the Planning Commission unanimously recommended approval of this request with little discussion. Mayor Gunkel opened the public hearing. e Elwyn Muller indicated his son. Curtis Muller. owns property that is near the zone change area and questioned if his property would be affected in any way. Steve Rohlf stated this would not affect his son's property. Mayor Gunkel closed the public hearing. Councilmember Schuldt noted he would vote in favor of the zone change because the surrounding property is zoned R-1. COUNCILMEMBER DOBEL MOVED TO APPROVE ORDINANCE 87-19. AN ORDINANCE AMENDING THE CITY OR ELK RIVER ZONING MAP TO ZONE THE PROPERTY LEGALLY DESCRIBED AS THE NORTH ONE-HALF OF THE SOUTHWEST ONE QUARTER OF SECTION 19. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MINNESOTA. FROM A-1/ AGRICULTURAL CONSERVATION DISTRICT TO R1-AjSINGLE FAMILY RESIDENTIAL. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER SCHULDT MOVED TO CHANGE THE LAND USE MAP TO REFLECT LR AS OPPOSED TO AGRICULTURAL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.3. Administrative Subdivision Request by Mary Lestico/Public Hearing e Mayor Gunkel noted that Mary Lestico was requesting to split 60 acres into two parcels; one 2 1/2 acres and the other parcel the remaining portion of the 60 acres. She further noted that the lots meet lot size requirements and lot frontage. Mayor Gunkel opened the public hearing. Page 4 e City Council Minutes April 20. 1987 Councilmember Tralle questioned when another lot split on this same land could take place. Mr. Rohlf stated that the City Ordinance allows one split per year on a piece of property unless the property goes through platting procedure. Mr.. Richard but at the home. Mayor Gunkel Lestico stated he would like to plat the rema~n~ng 40 acres present time is just splitting 2 1/2 for his son to build a closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVI SUBDIVISION FOR PROPERTY LEGALLY DESCRIBED AS THE WEST HALF OF THE NOR'l'HWBST QUAR'rIR or THE NORTHWEST QUARTER. SECTION 23. TOWNSHIP 33. RANGE 26, SHERBURNE COUNTY. MINNESOTA. WITH THE STIPULATION OF $100 PARK DEDICATION FEE BEING PAID TO THE CITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. e 5.4. Administrative Subdivision Request by Otto Baufield/Public Hearing Mayor Gunkel explained that Mr. Baufield would like to divide 75 acres into 4 parcels; 3 to be 10 acres each and the other 29 acres with approximately 16 acres being attached to an adjacent piece of property. She noted that the property is in an A-1 zone and the lot size and frontage requirements are being met and also 17 additional feet of easement will be dedicated to the County. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST FOR PROPERTY LEGALLY DESCRIBED AS THE THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MINNESOTA. EXCEPT THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36. TOWNSHIP 33. RANGE 26 WITH THE STIPULATION THAT $300 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER AND THAT 17 FEET OF EASEMENT BE DEDICATED TO THE COUNTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.5. Administrative Subdivision Request by Gerald Jackson/Public Hearing Mayor acre the land meet Gunkel noted that Gerald Jackson is requesting to subdivide a 38 piece of propety into two parcels; one parcel being 2 1/2 acres and remaining parcel to be the remainder of the 38 acres. She noted the was in property zoned as A-1 and further that this property would the minimum lot frontage and acreage requirements for an A-1 zone. e Mayor Gunkel opened the public hearing. No one appeared for or against the matter. therefore. Mayor Gunkel closed the public hearing. Page 5 e City Council Minutes April 20. 1987 COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JERRY. JACKSON FOR PROPERTY LEGALLY DESCRIBED AS THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER EXCEPT THE WEST 300 FEET OF THE SOUTH 290 FEET OF SECTION 4. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MINNESOTA WITH THE STIPULATION THAT A $100 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.7. Conditional Use Permit/Daycare and Metal Skinned Buildings/Jody Kreuser Pub lic Hearing Mayor permit Gunkel noted that Jody Kreuser is applying for a conditional use to allow a daycare of a maximum of 140 children in an R-3 zone. Planning Commission Representative Kimball stated that the Planning Commission recommended approval of the request with certain conditions set which are listed in the Building and Zoning Administrator's memo dated April 15. 1987. e Mayor Gunkel noted that this request has been reviewed by the Fire Chief. the State Fire Marshall has been contacted regarding the gas line and the lot is served by City sewer and water. Mayor Gunkel opened the public hearing. John Weicht explained that he would be constructing the building and stated that he would use brick in the front and use architectural panels to dress the building up. Mayor Gunkel closed the public hearing. Councilmember Tralle questioned whether the water retention area would be fenced. Mr. Weicht noted there would be no need for this area to be fenced as no holding pond would be dug because there is usually no standing water in the area. COUNCILMEMBER HOLMGREN MOVED APPROVAL WITH THE FOLLOWING RECOMMENDATIONS FROM THE PLANNING COMMISSION: e 1. A TWO YEAR REVIEW OF THIS CONDITIONAL USE PERMIT. 2. THAT ALL LIGHTING ASSOCIATED WITH THIS DAY CARE CENTER BE DIRECTED AWAY FROM ADJACENT RESIDENCES AND RIGHTS-OF-WAY. 3. THAT THE METAL SKINNED BUILDING BE DECORATED WITH 4 BRICK COLUMNS AND ARCHITECTURAL PANELS. 4. THAT A DRAINAGE PLAN BE SUBMITTED WITH THE BUILDING PERMIT APPLICATION FOR THE BUILDING AND THE NATURAL RETENTION AREA FOR DRAINAGE BE RETAINED ON THE SITE. 5 . THAT A MAXIMUM 200 SQUARE FEET OF SIGNAGE BE ALLOWED. 6. THAT THE DRIVEWAY PROPOSED TO COME OUT ONTO COUNTY ROAD 1 BE MADE PERPENDICULAR TO THE ROAD TO GIVE DRIVERS A BETTER VIEW OF THE ONCOMING TRAFFIC. e e e Page 6 City Council Minutes April 20. 1987 7. THAT THE PARKING BE AS SHOWN ON THE SITE PLAN WITH OVERFLOW PARKING FOR SPECIAL EVENTS SUCH AS OPEN HOUSE BE ONSITE. WHICH WOULD BE ON THE LANDSCAPED AREAS OF THE SITE. S. THAT THE DUMP STERS FOR THI S BUILD ING BE SCREENED. 9. THAT ALL AREAS THAT ARE NOT PARKING OR DRIVE SHOULD BE LAND SCAPED WITH AT LEAST GRASS. 10. THE PARKING AND DRIVE AREAS MUST BE HARDSURFACED. 11. THAT THE PLAY AREA FOR THE CHILDREN BE TOTALLY FENCED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.8. Conditional Use Permit/Used Car Sales and Auto Repari/George Duvall/ Public Hearing Mayor Gunkel noted that this item was advertised for public hearing and the request has since been withdrawn. Mayor Gunkel opened and closed the public hearing. 5.9. Conditional Use Permit/Temporary Real-Estate Office/Mike Ziegler/ Pub lic Hearing Mayor Gunkel noted that Mike permit to operate a temporary Deerfield 2nd Addition. Ziegler is requesting a conditional use real estate office on Lot 15. Block 1. Planning Commission Representative Kimball noted that the Planning Commisson recommended approval of the request with the stipulations in the memo dated April 15. 1987 from the Building and Zoning Administrator. He further indicated that discussion was held on the time frame of the real estate office and whether or not it should be the same as a model home. It was the general consensus to allow two years due to the fact that a real estate office is a more intensive use than a model home. Mayor Gunkel opened the public hearing. Duane Kropuenske of the First National Bank stated that he felt he would rather see this reviewed in two years as opposed to the 85% completion requirement of a model home. Mayor Gunkel closed the public hearing. Councilmember Tralle indicated his concern regarding the 96 square feet of signage. He noted that Mike Ziegler already had a sign up and is now preparing to put another sign up. Mr. Ziegler indicated he would remove the existing sign. Page 7 e City Council Minutes April 20. 1987 COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR MIKE ZIEGLER TO ALLOW A TEMPORARY REAL ESTATE OFFICE LOCATED ON LOT 15. BLOCK 1, DEERFIELD 2ND ADDITION WITH THE FOLLOWING STIPULATIONS: 1. THAT THE MINIMUM NUMBER OF OFF STREET PARKING SPACES BE EQUIVALENT TO THE NUMBER OF EMPLOYEES IN THE REAL ESTATE OFFICE. PLUS TWO. 2. THAT ALL LIGHTING BE DIRECTED AWAY FROM ADJACENT RESIDENCES AND RIGHTS-OF-WAY. 3. HOURS OF OPERATION END AT 9:00 P.M. FOR SALES. 4. THAT SIGNAGE BE AS PER THE REQUIREMENTS FOR A MODEL HOME. WHICH IS A MAXIMUM OF 32 SQUARE FEET TO ADVERTISE THE REAL ESTATE OFFICE AND ALSO. A 96 SQUARE FOOT SIGN TO ADVERTISE THE SUBDIVISION OF DEERFIELD 2ND. 5. THAT THE EXISTING SIGN BE REMOVED WHICH CURRENTLY ADVERTISES THE DEERFIELD 2ND ADDITON. 6. A TWO YEAR REVIEW OF THIS CONDITIONAL USE PERMIT WITH COUNCIL APPROVAL NEEDED FOR AN EXTENSION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.10.Discussion of Brentwood Sign/Mike Leary e Councilmember Tralle noted that on March 23. 1987. the Council approved signage for a model home in the Brentwood Subdivision. and at that time it was agreed to allow a 128 foot lit sign advertising the subdivision and also incorporating a model home sign for New Creation Homes; and further that the majority of the sign would be advertising the development. Councilmember Tralle expressed his concern regarding the majority of the sign advertising the builder and felt this was not what the Council directed. . Mayor Gunkel stated that future signs should be reviewed by staff before they are erected. Councilmember Tralle further stated that the point of this discussion is to stay consistent with other builders in the area when it comes to signage. Mr. Mike Leary stated it was not his intent to deceive the Council and apologized. 5.l1.Drainage & Utility Easement Vacation/Jan Olson/Public Hearing e The Building and Zoning Administrator noted that Mr. Jan Olson is requesting that a 5 foot drainage and utility easement be vacated from Lot 7. Block 1. Orono Lake 1st Addition. Mr. Rohlf explained that the drainage easement runs through the center of a house and further noted that the City is requesting a new drainage and utility easement to be deeded to the City to replace the old one. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. Page 8 e City Council Minutes April 20. 1987 COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 87-21. A RESOLUTION FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT BY JAN OLSON FOR LOT 7. BLOCK 1. ORONO LAKE 1ST ADDITION WITH THE STIPULATION THAT A QUITCLAIM DEED BE GRANTED TO THE CITY FOR A 5 FOOT WIDE DRAINAGE AND UTILITY EASEMENT TO BE LOCATED ALONG THE WEST PROPERTY LINE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.12.Variance/Expansion of a non-conforming Use/Joe Beaudry/Public Hearing Steve Rohlf. Building and Zoning Administrator noted that Mr. Joe Beaudry of 373 Gates Avenue. Elk River is requesting a variance for an expansion of a non-conforming use to build a garage for a single-family dwelling. Mr. Rohlf suggested that Mr. Beaudry stay in line with the existing garage west of him which would put his garage approximately 7 feet from his south property line. Planning appeared no one Planning Commission Representative Kimball stated that one neighbor at the Planning Commission Meeting in favor of the request and was present opposing the request. He further stated that the Commission unanimously recommended approval of the request. e Mayor Gunkel the matter. opened the public hearing. No one appeared for or against Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE REQUEST FOR AN EXPANSION OF A NON-CONFORMING USE AND ALSO THE REQUEST FOR A VARIANCE TO ALLOW MR. BEAUDRY TO BUILD HIS GARAGE 6 TO 7 FEET FROM HIS SOUTH PROPERTY LINE (IN LINE WITH HIS NEIGHBOR'S GARAGE TO THE WEST) AND 5 FEET FROM HIS WEST PROPERTY LINE AT 373 GATES AVENUE. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER HOLMGREN ABSTAINED. 5.13.Variance/Expansion of a Non-conforming Use/Broadway Bar/Public Hearing Mayor Gunkel noted that a request for a variance by Broadway Bar had been advertised for public hearing and since then has been tabled. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. therefore. Mayor Gunkel closed the public hearing. 5.14.Final Plat Review of Oak Knoll 1st Addition/Bob Harris/Public Hearing Mayor Gunkel introduced this item by stating that Bob Harris is requesting final plat review of the first phase of Oak Knoll which consists of twenty-two single family lots. - Planning Commission Representative Kimball stated that discussion was held among the Planning Commission members regarding the soils report from Bill Harju. He further stated that the Planning Commission unanimously recommended approval of the final plat. Mayor Gunkel opened the public hearing. There being no one for or against the matter. the public hearing was closed. Page 9 e City Council Minutes April 20. 1987 Mayor 'Gunkel noted that since the preliminary plat was approved the City realized the plat is in the sewer/water district; and because of this the Council is requiring an overlay of the plat for the purpose of allowing future purchasers of property in the plat to be able to divide their land in order to absorb some of the cost if sewer and water does come in. Mr. Harris stated he was just made aware of this requirement and further that he has a sketch of an overlay which could be submitted to the staff. Discussion was held by the Council regarding the necessity of future easements at this point and also the size of the easements. It was the consensus that the easements should be shown on the final plat and that the size of the easements could be 50 feet. COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PLAT FOR OAK KNOLL WITH THE STIPULATION THAT THE FIVE POINTS SPELLED OUT IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED APRIL 15, 1987 BE ADHERED TO AND FURTHER THAT THE UTILITY ROAD EASEMENTS MEET THE APPROVAL OF THE CITY ENGINEER AND THAT THEY BE RECORDED WITH THE PLAT. COUNCIL MEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. e 5.15.Preliminary and Final Plat of Replat #6 of Barrington Place Public Hearing PUD Mayor Gunkel noted that this item has been advertised for as a public hearing and further that the item has been tabled. Mayor Gunkel opened the public hearing. There being no one present for or against the matter. Mayor Gunkel closed the public hearing. 5.16.Preliminary Plat Review of Royal Oaks Ridge/Public Hearing Mayor Gunkel noted that this item has been advertised for as a public hearing and further that the item has been tabled. Mayor Gunkel opened the public hearing. There being no one present for or against the matter. Mayor Gunkel closed the public hearing. 5.17.Preliminary Plat Review of River's Edge by Mel Beaudry/Public Hearing Mayor Gunkel noted that this item has been withdrawn by the developer. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. 5.1S.Preliminary Plat Review of Elk River Industrial Park Phase II By Elk River Associated Investors/Public Hearing e Mayor Gunkel noted that Elk River Associated Investors are requesting Preliminary plat approval of Elk River Industrial Park 2nd Addition which will include 8 industrial lots. It was also indicated that this plat will be a City project and the appropriate approvals from other agencies have been obtained. Page 10 City Council Minutes April 20. 1987 e Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE PRELIMINARY PLAT OF ELK RIVER INDUSTRIAL PARK 2ND ADDITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.19.Preliminary Plat Review of Fairhaven Hills/Jeff Mastley/Public Hearing Mayor Gunkel indicated that Jeff Mastley. Peter Newland and Douglas Serdall are requesting preliminary plat review of Fairhaven Hills which consists of approximately 85 acres to be divided into 29 lots. Planning Commission representative. Stewart Wilson. stated that the Planning Commission unanimously recommended approval of the preliminary plat. He noted that discussion was held regarding the easement beyond the cul-de-sac to the south of the proposed Troy Street and that it not be tarred but just rough graded and seeded. He further stated that discussion was held regarding the fact that this road not be used by snowmobiles. etc. and that there be a fence at the property line across the road to prevent people from accessing this piece of property. e The Building and Zoning Administrator noted that lots 1. 2 and 3. of Block 3. would need a lot size variance of about .2 of an acre each. He noted he is requesting that the public hearing for the variance be held at Council level only because of time limitations. but further noted that the Council will have the Planning Commission comments on the variance. Mayor Gunkel opened the public hearing. Mr. Irv Moldenhauer questioned where the property was located. Mayor Gunkel closed the public hearing. The City Administrator noted that the City should exercise caution when approving plats with variances because of the fact that they are dealing with raw land. The Building and Zoning Administrator noted he felt this was not an arbitrary variance but felt it was the best use for the land. Discussion was held regarding the variance request. Duane Kropuenske of the Planning Commission stated that the Planning Commission felt the variance would be the best possible answer for the land. Mr. Marly Glines stated that the reasons for the variance request is to allow for better road layout and better building sites. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE PRELIMINARY PLAT OF FAIRHAVEN HILLS AS PRESENTED WITH THE STIPULATION THAT ITEMS 1 THROUGH 9 IN THE MEMORANDUM FROM THE BUILDING AND ZONING ADMINISTRATOR DATED APRIL 16, 1987. BE ADHERED TO AND FURTHER THAT THE ROAD AT THE END OF THE CUL-DE- SAC AND PROPERTY LINE BE FENCED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. Page 11 City Council Minutes April 20. 1987 e 5.20.0rdinance Amendment/Auto Repair and Used Cars in C-3B Zone/ Public Hearing Mayor Gunkel noted that Joyce Shernell of 9744 Highway 10 is requesting an ordinance amendment to allow used car sales and auto repair shops .as a conditional use in a C-3b zone. Planning Commission representative. Stewart Wilson. stated that the Planning Commission discussed whether a conditional use permit would give the City more control of the used car operations in order to make them more appealing such as black top and landscaping. He noted the Planning Commisson voted 6-1 in favor of the ordinance amendment. Councilmember Holmgren questioned why auto repair is not seperate from a body shop. Mr. Rohlf stated that at the present time. Staff interprets them as both the same because this is the way they are interpereted in the ordinance. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. e Mayor Gunkel noted that the C-3b zone was established sometime ago and at that time there was a fair amount of discussion regarding used car lots and the fact that this use was not a very desireable entrance to the City. Councilmember Schuldt stated he would not be in favor of the request because if car lots were allowed as a conditional use. there could be the possibility of of the whole C-3b strip filling up with used car lots. Councilmember Tralle stated that a used car lot would take up a couple of acres and felt other types of businesses could use the space and would allow for more employees. Mr. Rohlf stated he felt the C-3B zone was currently very restrictive for a commercial zone. Mayor Gunkel stated that the uses in th C-3B zone encompass activities that would be more acceptable as an entrance to the City and further that the uses were intended to be somewhat restrictive to keep the entrance to the City desireable. COUNCILMEMBER SCHULDT MOVED TO DENY THE ORDINANCE AMENDMENT REQUEST BY JOYCE SHERNELL TO ALLOW USED CAR SALES AND AUTO REPAIR SHOPS AS A CONDITIONAL USE IN A C-3B ZONED DISTRICT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.21.0rdinance Amendmwnt/State Building Code. Section 1000/Public Hearing e Mayor Gunkel noted that there was a request before the Council which would adopt the 1985 Uniform Building Code fee schedule and to keep the plan check fee as is. She noted that this request was heard before the Council previously. but was not considered because the public hearing was not advertised. e e e Page 12 City Council Minutes April 20. 1987 Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. Councilmember Tralle questioned whether the City would be in violation of the State if the City did not charge 65% for the plan check fee required by the State. Mr. Rohlf stated that the City would be in violation but that there are many other cities not charging the 65%. Councilmember Tralle stated that if the State is setting the fee at 65%. it is possibly for the reason to fund the Building and Zoning Department. He noted that this could be phased in at 5% per year starting with 1988. Mr. Rohlf stated he was opposed to this request and he felt the current plan check fee was high enough already. Discussion was held regarding the fact that FHA will only finance 68.500 in Sherburne County and that any other added fees to building may be a detriment to people building in Elk River. cOUNCILMEMBER TRALLE MOVED TO ACCEPT THE UNIFORM BUILDING CODE FEES FOR 1985 AND '!'HAT THE PLAN CHECK FEES INCREASE FROM 25% AT A PROGRESSION OF 51 PER YEAR STARTING IN 1988 WITH A CAP AT 45%. COUNCILMEMBER DOBEL SECONDED THE MOTION. Mr. Rohlf stated that he felt the City is more than making enough money from the current fees to pay for the department. THE MOTION FAILED 2-3. COUNCILMEMBERS DOBEL AND HOLMGREN AND MAYOR GUNKEL VOTED AGAINST THE MOTION. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 87-20. AN ORDINANCE AMENDING SECTION 1000.00 WHICH APPROVES THE BUILDING AND PLAN CHECK FEES AS PRESENTED BY STAFF AND FURTHER THAT THE PLAN CHECK FEES BE REVIEWED IN 1989. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.22.0rdinance Amendment/Final Plat Review. Section 1008.08/Public Hearing Mr. Rohlf stated that this ordinance amendment is a request from City Staff which would eliminate final plat review by the Planning Commisson but must assure that there are no changes from the preliminary plat to the final plat. He further noted the Ordinance amendment would require the plat to go back to the Planning Commission and Council for preliminary plat review if there were changes. Mayor Gunkel opened the public hearing. There was no one present for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 87-21. AN ORDINANCE AMENDING SECTION 1008.08 PROCEDURE, SUBSECTION (lC II) FINAL PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. Page 13 City Council Minutes April 20. 1987 e 6.5. Growth Management Plan Task Force Recommendation on FHA Limits City Administrator. Pat Klaers stated that at the present time FHA has a cap on the loan limit in Sherburne County of $68.500 and the limit for surrounding metropolitan counties is $90.000. It was working the consensus of the City Council to direct City Staff to start toward having the FHA loan limit in Sherburne County increased. 6.1. Wilderness Park Discussion The City Administrator noted that he has been informed by the City Attorney that the payment period in the park land purchase agreement cannot exceed five years of equal yearly installments. Discussion was held by the Council regarding the terms previously offered to the Lamms for the property. The City had offered $800/acre at 8% interest to be paid over 10 years in equal installments. The counter offer from the Lamms was $1.000/acre at 9% interest to be paid over 10 years in equal installments. Discussion was also held regarding the 80 acres of land the City owns (old City dump site) and the possibility of developing this land into a park. ~ Mayor Gunkel submitted a letter to the Council which she intended to send to Mr. Bob Kornfeld of the Trust for Public Land in hopes of receiving some help to acquire the Lamm property. It was the consensus of the Council to send the letter to Mr. Kornfeld. cOUNCILMEMBER HOLMGREN MOVED TO OFFER THE LAMMS $800 PER ACRE AT 8% INTEREST WITH EQUAL PAYMENTS TO BE MADE OVER FIVE YEARS TIME CONI'INGENT UPON THE CITY ATTORNEY FINDING THIS TO BE ACCEPTABLE. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.2. MnDOT Traffic Count Resolution In a memo to the City Council. the City Engineer indicated that MnDOT would be doing a traffic count in Elk River. It was noted that this would be financed from the MSA Capital Projects Fund. COUNCILMEMBER TRALLE PRESENTING DATA TO SECONDED THE MOTION. MOVED TO APPROVE RESOLUTION 87-22. A RESOLUTION MNDOT FOR TRAFFIC COUNT. COUNCILMEMBER HOLMGREN THE MOTION PASSED 5-0. 6.3. Building Inspector Contract for Services e Mr. Rohlf indicated that he is requesting permission to hire an individual on a contract basis for building inspection. He indicated this person would assist Bill Schmitt. the residential inspector and would be hired only when inspections become too numerous for Bill Schmitt to handle by himself. This contracted inspector would be under the supervision of the Building and Zoning Administrator. Page 14 City Council Minutes April 20. 1987 e COUNCILMEMBER DOBEL MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO HIRE A CONTRACTED BUILDING INSPECTOR IN AN AMOUNT NOT TO EXCEED $12.000 TO WORK UNTIL THE END OF OCTOBER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER DOBEL MOVED TO MAKE THE POSITION OF BUILDING AND ZONING SECRETARY A FULL TIME POSITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.4. Consideration of Mechanical Amusement Device License for Clyde Ostrander The Building and Zoning Administrator noted that Mr. Ostrander has applied for mechanical amusement device license for an operation he has opened called Bullseye. He noted that Mr. Ostrander has paid for 21 machines. He also stated that Mr. Ostrander has not yet applied for a building permit. COUNCILMEMBER TRALLE MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSE CONTINGENT UPON THE BUILDING REGULATIONS MEETING CODE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. e The concern was also brought up regarding the a License granted by the Minnesota Department of Health. It was the Council concern that Mr. Ostrander have such a license for the operation of the restaurant in his establishment. 7. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGI STER AS PRESENTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 8A. Deerfield 3rd It was brought to the Council's attention by the City Administrator that Deerfield 3rd had not yet been opened for building permits. The City Administrator discussed City owned property on Highway 169 and the possibility of Larry Morrell trading his land on School Street and Jackson for the City's land on Highway 169. Discussion was held regarding the possibility of this land swap and the time frame in which this would be possible. It was the consensus of the Council that a frontage road other than Baldwin Avenue be built before this would happen. COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. The meeting of the Elk River City Council adjourned at 11:45 p.m. -- ~ke~ Deputy City Clerk