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05-18-1987 CC MIN It e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MAY 18. 1987 Members Present: Councilmembers Schuldt. Tralle. Holmgren and Dobel Members Absent: Mayor Gunkel 3.1. 3.2. Staff Present: Stephen Rohlf. Building and Zoning Administrator; and Pat Klaers. City Administrator 1. The meeting of the Elk River City Council was called to order by Vice Chairman Schuldt at 7:00 p.m. 2. Consideration of 5/18/87 City Council Agenda Items 6.6-Park Shelter Buildings; 6.7-Park Department Mower; and 6.8- Chamber 3.2 Temporary Beer License was added to the agenda. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 5/18/87 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. Consideration of 4/27/87 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE APRIL 27. 1987 CITY COUNCIL MINUTES AS PRESENTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Consideration of 5/4/87 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE MAY 4. 1987 CITY COUNCIL MINUTES AS PRESENTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5.1. Sign Request by Pamida Building Gregory square rear of and Zoning Administrator. Stephen Rohlf. indicated that Optical located in the Pamida Store. is requesting two 50 foot signs-one for the front of the building and one for the the building. Planning Commission Representative. Bob Morton. stated Planning Commission unanimously recommended approval of with the stipulation that Pamida would have to reduce their any other tenants requesting signage in the store. that the the request signage for COUNCILMEMBER TRALLE MOVED TO APPROVE THE REQUEST FOR TWO 50 SQUARE FOOT SIGNS-ONE ON THE HIGHWAY SIDE AND ONE ON THE FREEPORT SIDE. WITH THE STIPULATION THAT ANY FUTURE SIGN REQUESTS BY TENANTS OF PAMIDA. RESULT IN THE REDUCTION OF PAMIDA'S SIGNAGE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 2 City Council Minutes May 18. 1987 e 5.2. Sign Request for the Expansion of the Elk River Plaza PUD The Building and Zoning Administrator noted that the first portion of this request was for future tenants in the mall to be under the same regulations as the existing tenants. which is stated in the resolution adopted by the City Council in September of 1986. He explained that these regulations consist of two 32 square foot signs; one in the front and one in the back. Mr. Rohlf further indicated that the Planning Commisson recommended approval of this request. Mr. Rohlf noted that the second part of this request was for the proposed theater. He noted they are requesting 800 square feet of signage. Mr. Rohlf stated that the Planning Commission recommended 500 square feet of signage as a total for the front and back to be used at the theater's discretion with the exception that no changeable copy be allowed on the Highway 169 side of the building. COUNCILMEMBER TRALLE MOVED TO APPROVE THE SIGNAGE REQUEST WHICH WOULD ALLOW FUTURE BUSINESSES IN THE EXPANSION OF THE ELK RIVER MALL THE SAME AMOUNT OF SIGNAGE AS ALLOWED FOR THE CURRENT BUSINESSES AS STIPULATED IN THE RESOLUTION APPROVED BY THE CITY COUNCIL IN SEPTEMBER OF 1986. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. e Councilmember Tralle stated he would like the reasoning why the Planning Commission recommended no changeable copy on the Highway 169 side. Planning Commission Representative Morton stated that the Planning Commission's reasons were as follows: 1) Amount of traffic on 169; 2) Sign would present a traffic hazard; 3) Approval would go against a similar request by the County Market; 4) Excessive square footage of signage; 5) Construction to begin on 169 intersection; 6) Signage would be a distraction to the drivers; 7) The request for 800 square feet exceeds the total Pamida signage amount. Councilmember Holmgren stated that Burger King. McDonalds and Prairie House have changeable signs on Highway 169 and further stated he has not seen nor heard of any accidents on the highway related to these signs. He stated he did not feel safety hazard was a valid argument for not allowing a changeable sign on Highway 169. Councilmember Tralle stated he concurred with Councilmember Holmgren. He stated he has driven by many different movie theaters and all have changeable copies from major roadways. He stated the nature of the theater business demands a changeable copy. Counci1member Tralle indicated his objection to County Market's request was because he was opposed to advertising for other products. He stated he felt this type of sign was similar to billboards. Councilmember Tralle also indicated that since the City agreed to have a mall on the highway. they must agree to have signage on the highway. e Councilmember Dobel indicated he concurred with Councilmembers Tralle and Holmgren. Page 3 City Council Minutes May 18. 1987 e Mr. Bob Goetchoff of Goetchoff Theaters. indicated he would like to extend his request to 525 square feet. COUNCILMEMBER DOBEL MOVED TO ALLOW A TOTAL SQUARE FOOTAGE OF 525 SQUARE FEET OF SIGNAGE TO BE SPLIT BETWEEN THE FRONT AND BACK OF THE THEATER, AND THAT THE LIGHT ON THE MAIN MARQUEE SIGN BE TURNED OFF FIFTEEN TO THIRTY MINUTES AFTER THE LAST SHOW HAS STARTED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.3. Zone Change Request by Richard Cherrier/Public Hearing Mr. Rohlf explained that a zone change request has been made for property along Highway 169. which is currently zoned R-1b/residential. to C-3a/commercial. He indicated that the City Planner. Zack Johnson. had looked at the property and he has indicated that the zone change is not consistent with the current land use plan. Mr. Rohlf stated that the Planning Commission and City Staff is recommending to table this item until the Growth Management Plan Task Force has had a chance to do a study and make a recommendation regarding the overall zoning in the City of Elk River. Vice Mayor Schuldt opened the public hearing. e Mr. Richard Cherrier stated that the items the Planner mentioned in his memo regarding the rezoning of this piece of property are all assumptions. He stated that the signs on the highway south of town are a result of poor planning or the sign ordinance not being enforced. He indicated that at the present time there is no market for multi-family dwellings or apartments. Councilmember Tralle stated that the City Council has the responsibility to help guard the community as to how it will grow. He stated it would be a disservice to the community to open up more commercial property when there is other commercial property just starting to develope. Mr. Cherrier questioned Mr. Tralle as to whether he could expect favorable treatment from the Council if he were to come back with a single family plat. Councilmember Tralle indicated he would give Mr. Cherrier the same treatment anyone else would receive with the same request. Vice Mayor Schuldt closed the public hearing. e COUNCILMEMBER TRALLE MOVED TO TABLE THE REQUEST FOR ZONE CHANG! FROM R= 1B TO C-3A FOR PROPERTY OWNED BY MR. CHERRIER ON HIGHWAY 169, UNTIL SUCH TIME THAT THE GROWTH MANAGEMENT TASK FORCE HAS MADE AN !VALUATION OF THE ENTIRE CITY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 4 City Council Minutes May 18. 1987 e 5.4. Zone Change Request by the City of Elk River/Public Hearing Vice Mayor against the hearing. Schuldt opened the public hearing. No one appeared for or matter. therefore. Vice Mayor Schuldt closed the public cOUNCILMEMBER TRALLE MOVED TO TABLE THE REQUEST FOR ZONE CHANGE FROM R- lB TO C-3A FOR PROPERTY OWNED BY THE CITY OF ELK RIVER ON HIGHWAY 169. UNTIL SUCH TIME THAT THE GROWTH MANAGEMENT TASK FORCE HAS MADE AN EVALUATION OF THE ENTIRE CITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.5. Zone Change Request by MunDT/Public Hearing Vice Mayor against the hearing. Schuldt opened the public hearing. No one appeared for or matter. therefore. Vice Mayor Schuldt closed the public COUNCILMEMBER TRALLE MOVED TO TABLE THE REQUEST FOR ZONE CHANGE FROM R-1B TO C-3A FOR PROPERTY OWNED BY MNDOT ON HIGHWAY 169. UNTIL SUCH TIME THAT THE GROWTH MANAGEMENT TASK FORCE HAS MADE AN EVALUATION OF THE ENTIRE CITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. e 5.6. Conditional Use Permit by DKM Partnership (Daycare)/Public Hearing Steve Rohlf stated that DKM is proposing a daycare for a maximum of 75 children on property owned by Jerry Minor east of Elk River on Highway 10. Mr. Rohlf further stated that the Planning Commission recommended approval with 15 stipulations as stated in the memo from the Building and Zoning Administrator dated May 11. 1987. Planning Commission Representative. Bob Morton. stated that the Planning Commission had specific concerns regarding the access being limited to 170th Avenue and the buffer zone along the west and also the southwest corner of Parcel F (L1. B2. Mississippi Heights). and further that the City Engineer review the drainage for the entire parcel. Vice Mayor Schuldt opened the public hearing. Mr. Jerry Minor submitted a copy of a drainage plan to the Building and Zoning Administrator. Mr. Vicker of Lot 1. Block 2. Mississippi Heights indicated he would like a buffer surrounding the entire parcel of property. He indicated his concern regarding traffic and requested a no left turn sign so people do not use the residential streets for access to the Highway. e Mr. Rod Froelich. representative of DKMJ stated he concurred with the Planning Commission's recommendations. Vice Mayor Schuldt closed the public hearing. Page 5 City Council Minutes May 18. 1987 e Councilmember Tralle indicated he would like to see number 11 stricken from the recommendations made by the Planning Commission because of the changes in the society and work force. He indicated that the number of hours for a daycare will be dictated by demand. Mr. Rohlf noted to Mr. Minor that the drainage and buffer will affect the entire parcel. Mr. Minor acknowledged this fact. cOUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DKM PARTNERSHIPS FOR A DAY CARE TO BE LOCATED IN A C- 3A!HIGHWAY COMMERCIAL ZONE WITH THE STIPULATION THAT THE PLANNING COMMISSION RECOMMENDATIONS BE FOLLOWED WITH THE EXCEPTION OF Ill-THAT THIS ITEM BE COMPLETELY STRICKEN AND THAT 116 BE ADDED WHICH WOULD STATE "NO LEFT TURN SIGN" FROM DAYCARE PROPERTY TO 170TH AVENUE BE INSTALLED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.7. Administrative Subdivision Request by Jerry Minor/Public Hearing Mr. Rohlf stated that Mr. Jerry Minor is requesting an adminsitrative subdivision to split approximately one acre from 4.78 acres of land. e Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JERRY MINOR WITH THE STIPULATION THAT THE PARCEL CONTAIN A MINIMUM OF ONE ACRE EXCLUSIVE OF RIGHT-OF-WAY. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.8. Conditional Use Permit by George Duvall/Public Hearing Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. Vice Mayor Schuldt noted that this item has been withdrawn by the petitioner. 5.11. Variance Request by Broadway Bar and Pizza/Richard Kurth/Public Hearing The Building and Zoning Administrator noted that this item was tabled at the Planning Commission level because of lack of a detailed site plan. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. e cOUNCILMEMBER TRALLE MOVED TO TABLE THE VARIANCE REQUEST BY BROADWAY BAR AND PIZZA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 6 City Council Minutes May 29. 1987 e 5.12. Variance Request by Sherburne County/Public Hearing The Building and Zoning Administrator noted that Sherburne County is requesting a 6 foot encroachment on the 45 foot maximum height allowed for buildings in a C-2 zoned district to accommodate their new expansion to the Court House. Mr. Rohlf noted that the Planning Commission and Staff recommended approval. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. Marlaya Gilbert. architecht for Sherburne County. stated that the building is all concrete and fully sprinkled so there is very little change of anything catching fire. COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUEST BY SHERBURNE COUNTY FOR A 6 FOOT ENCROACHMENT TO THE ATRIUM ON THE 45 FOOT MAXIMUM HEIGHT ALLOWED FOR THE NEW EXPANSION TO THE COURTHOUSE FOR THE FOLLOWING REASONS: THE INTENT OF THE HEIGHT RESTRICTION IS FOR FIRE SUPRESSION, THIS BUILDING IS BEING BUILT OF TYPE I FIRE RESISTANT CONSTRUCTION AND THAT IT WILL BE SPRINKLED. COUNCILMEMBER HOLMGREN ~llcONDED THE MOTION. THE MOTION PASSED 4-0. ~ 5.13. Variance Request by Dick Carson/Public Hearing The Building and Zoning Administrator noted that Dick Carson is requesting a variance for a 43 foot encroachment on the front yard setback. a 33 foot encroachment on the 50 ft. rear yard setback. and a 3 foot encroachment on the 25 foot sideyard setback. Mr. Rohlf noted that this lot is a nonconforming lot of record. He further stated that since the Planning Commission meeting. the house has been reduced in size to 40 feet by 40 feet with a 24 foot by 24 foot garage. Mr. Rohlf stated he felt Mr. Carson does meet the standards imposed for a variance since the lot is a legal lot of record. because of the DNR regulations and also because of the setbacks imposed by the City. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE .THE VARIANCE REQUESTED BY MR. DICK CARSON FOR PROPERTY LEGALLY DESCRIBED AS THAT PART OF GOVERNMENT LOT 2. SECTION 24. TOWNSHIP 32. RANGE 26. SHERBURNE COUNTY. MINNESOTA. ACCORDING TO THE REVISED SITE PLAN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.14. Variance Request by Peggy Haburn/Public Hearing e Mr. Rohlf noted that Peggy Haburn is requesting a 116 foot encroachment on the 200 foot minimum frontage. Mr. Rohlf explained that the property was originally a 52.5 acre parcel owned by Mr. Michael Goulet and was split by him in 1984 into two parcels-one 50 acre parcel and one 2.5 acre parcel. Mr. Rohlf noted that this property ended up being recorded with a 10 acre parcel and a 2.5 acre parcel split from the 10 acres. The 7.5 acre parcel was recorded without sufficient frontage. He noted he felt a variance was warranted because the original person e e e Page 7 City Council Minutes May 18. 1987 who owned the yroperty is no longer in the picture and the person who bought the property was unaware of the situation. Mr. Morton stated that the Planning Commission recommended approval because it is an existing situation. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. Councilmember Tralle noted he was opposed to the variance. He noted he felt this is a problem for the person who sold the property. not the City. He further indicated the City would be setting a precedent if they allowed the variance. Mr. Tralle further stated that he did not feel it should be the City's responsibility to make this a substandard lot which violates City ordinance. COUNCILMEMBER TRALLE MOVED TO DENY THE VARIANCE REQUEST BY PEGGY RABURN FOR A 116 FOOT ENCROACHMENT ON THE 200 FOOT MINIMUM FRONTAGE. cOUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.15. Administrative Subdivision Request by Peggy Haburn/Public Hearing Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER TRALLE MOVED TO DENY THE REQUEST FOR ADMINISTRATIVE SUBDIVISION BY PEGGY RABURN BECAUSE WITHOUT APPROVAL OF VARIANCE THERE IS NO NEED FOR A SUBDIVISION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.16. Variance Request for the Plat of Fairhaven Hills/Public Hearing The Building and Zoning Administrator noted that this variance deals with lot sizes in relation to two lots in the plat. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. Discussion was held regarding the reasons for granting a variance. The following reasons were listed: 1. Layout for future connection to Troy Street without a variance pushes the easement to the west which crowds the building site that would be on Lot 15 and make the site less desireable. 2. The location of the easement would access the land to the south of Fairhaven Hills in a less desirable area. a swamp. if the easement is pushed to the west. 3. Without a variance the future easement to Troy Street takes an unnecessary bend. Page 8 City Council Minutes May 18. 1987 e 4. The same number of lots in Fairhaven Hills could be accomplished without a variance. but the above mentioned three items would make the lots less desirable. COUNCILMEMBER DOBEL MOVED TO APPROVE THE LOT SIZE VARIANCE FOR FAIRHAVEN HILLS BECAUSE OF THE ABOVE MENTIONED REASONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.17. Final Plat Review of Fairhaven Hills Stephen Rohlf. Building and Zoning Administrator noted that Fairhaven Hills Plat consists of 28 - 2 1/2 acre or larger lots with each lot having a minimum frontage of 150 feet. He noted that Bill Harju is suggesting that perk tests be done on each lot in order to construct the drainfield. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. Discussion was held regarding the springs on the hill side of the land and also regarding the 10 foot wide drainage easement required between the lots. e COUNCILMEMBER TRALLE MOVED APPROVAL OF THE FINAL PLAT OF FAIRHAVEN HILLS WITH THE FOLLOWING STIPULATIONS: e 1. THE VARIANCE ON THE LOT SIZES BE APPROVED BY COUNCIL. 2. PERCOLATIONS TESTS BE DONE ON EACH LOT PRIOR TO CONSTRUCTION AND DESIGN OF SEWER DISPOSAL SYSTEM. 3. AN URBAN SECTION WITH 30 FOOT RUNNING SURFACE AND BITUMINOUS BERMS BE PROVIDED ON THE STREETS. 4. THE ROADS MEET THE 40 MILE AN HOUR DESIGN SPEED WITH 25 FOOT MDIUSES AT THE INTERSECTIONS OF THE COUNTY ROAD AND ALSO THAT COUNTY APPROVAL FOR THAT INTERSECTION IS OBTAINED PRIOR TO RECORDING THE PLAT. 5. THE URBAN RUN-OFF AND EROSION CONTROL HANDBOOK IS USED FOR THE STANDARDS IN CONTROLLING THE EROSION WITHIN THE PLAT. 6. $2,800 IN PARK DEDICATION FEE FOR THE 28 LOTS CREATED IN THE PLAT BE PAID PRIOR TO RECORDING. 7. THAT THE FUTURE EXTENSION OF TROY STREET BE FENCED AT THE PLAT BOUNDARY AND ALSO AT THE END OF THE CUL-DE-SAC. 8. PRIOR TO RECORDING THE PLAT, THE DEVELOPERS MEET WITH THE BUILDING AND ZONING ADMINISTRATOR TO RESOLVE THE FOLLOWING: A TITLE OPINION: DEVELOPERS AGREEMENT ENTERED INTO; AND A LETTER OF CREDIT FOR THE CONSTRUCTION COSTS. g. THE FUTURE TROY STREET EASEMENT BE GRUBBED OUT. ROUGH GRADED AND SEEDED IN PERENNIAL GRASS. 10. 10 FOOT WIDE DRAINAGE EASEMENTS BE PLACED FIVE FEET ON EITHER SIDE OF LOT LINE. 11. LETTER OF CREDIT TO BE $80.000. 12. DEVELOPER VERIFY INFORMATION ON DRAIN TILE PRIOR TO RECORDING PLAT. 13. THAT THE ROADS CONFORM TO CITY STANDARDS AS PER CITY ENGINEER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. e e e Page 9 City Council Minutes May 18. 1987 5.20. Administrative Subdivision Request by Mrs. Jackson/Public Hearing Mr. Rohlf stated that Mrs. Jackson of 14383 209th Avenue NW. Elk River is requesting an administrative subdivision to split an approximate 2.5 acre parcel from a 33.5 acre parcel in order to provide a building site for one of her children. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST FOR DOROTHY JACKSON WITH STIPULATIONS STATED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED MAY 12. 1987. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.18. Preliminary Plat Review of Royal Oaks Ridge by Gerald Smith/Public Hearing Steve Rohlf. Building and Zoning Administrator. noted that Royal Oaks Ridge plat consists of 39 acres with 62 proposed lots having city sewer and water. He noted that in an R-1b zone 12.000 square feet is required for lots served by city sewer with 75 feet of frontage. He noted all the lots meet these requirements except for lots 14. 15. 16 and 17 of Block 3 which are on a cul-de-sac and for which the City Code allows for a variance. Planning Commission Representative Morton noted that the Planning Commission recommended approval of the preliminary plat with 13 conditions which are stated in the Building and Zoning Administrator's memo. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. Discussion was held regarding the street lights and the fact that the City has reached their limit of $25.000. The City Administrator noted that the City would work something out in order to provide the street _lights. cOUNCILMEMBER DOBEL MOVED TO APPROVE THE PRELIMINARY PLAT OF ROYAL OAKS RIDGE WITH THE 13 RECOMMENDATIONS AS STATED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED MAY 11. 1987. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASED 4-0. 5.19. Preliminary Plat Review of River's Edge by Mel Beaudry/Public Hearing Vice Mayor Schuldt noted that this request had been withdrawn by the petitioner. Vice Mayor Schuldt opened and closed the public hearing. Page 10 City Council Minutes May 18. 1987 e 5.21. Adminstrative Subdivision Request by Tim Smith/Public Hearing The Building and Zoning Administrator noted that Mr. Tim Smith is requesting an administrative subdivision to divide a 7.7 acre parcel of land into three lots; two of the lots would be approximately 1 acre in size and the third lot would be the remainder of the parcel. He noted that all lots meet the required frontage and lot size requirements and have suitable septic sites. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER TRALLE MOVED APPROVAL OF THE REQUEST FOR ADMINISTRATIVE SUBDIVISION BY TIM SMITH WITH THE STIPIULATION THAT $200 PARK DEDICATION FEE BE PAID. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.22. Administrative Subdivision Request by R.E.P.. Ltd/Public Hearing e The Building and Zoning Administrator noted that R.E.P. Ltd is requesting an administrative subdivision to split a parcel of land approximately 1.25 acres into four single family lots of approximately equal size to be served with city sewer and water. Mr. Gary Santwire was present to represent the owner of the affected property. The Building and Zoning Administrator noted that the lot lines may vary slightly but will all meet minimum frontage and lot size requirements. Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY R.E.P.. LTD WITH THE STIPULATIONS THAT THE SEVEN PROVISIONS AS STATED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED MAY 12. 1987, BE MET. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.9. Conditional Use Permit for Barrington Place by M & S Development/Public Hearing The Building and Zoning Administrator noted that M & S Development is requesting a conditional use permit to amend the PUD Agreement for Barrington Place PUD to increase the density on Block 2 from 30 units to 32 units. Mr. Rohlf noted that there were no representatives present from M & S. e Vice Mayor Schuldt opened the public hearing. No one appeared for or against the matter. Vice Mayor Schuldt closed the public hearing. cOUNCILMEMBER TRALLE MOVED TO TABLE THE ITEM UNTIL THE JUNE 1. 1987 CITY COUNCIL MEETING AT WHICH TIME A REPRESENTATIVE WOULD BE PRESENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 11 City Council Minutes May 18. 1987 e 5.10. Preliminary and Final Plat Review of Replat #6. Barrington Place PUD by M & S Development/Public Hearing Vice Mayor Schuldt opened the public hearing. No one appeared for or against this item. Vice Mayor Schuldt closed the public hearing. COUNCILMEMBER DOBEL MOVED TO TABLE THE REQUEST FOR PRELIMINARY AND FINAL PLAT REVIEW OF REPLAT #6 OF BARRINGTON PLACE PUD UNTIL THE JUNE 1, 1987 CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SEqONDED THE MOTION. THE MOTION PASSED 4-0. 6.1. Tax Forfeited Lands The City Administrator reviewed the memo from the Street Superintendent to the City Council regarding certain parcels of land which are being forfeited to the State for taxes. He noted that according to the memo. it would be to the City's advantage to acquire only one of these lots. but that anything that would be done would be subject to County Board app roval. e COUNCILMEMBER TRALLE MOVED THAT THE CITY TRY TO OBTAIN OUTLOTS A AND B OF RIDGEWOOD EAST ADDITION AND FURTHER THAT THE RECOMMENDATIONS AS STATED IN THE STREET SUPERINTENDENT'S MEMO DATED MAY 14. 1987. BE FORWARDED TO THE COUNTY BOARD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. 6.2. Ordinance Amendment to Increase Fines for Misdemeanors COUNCILMEMBER DOBEL MOVED TO APPROVE ORDINANCE 87-22. AN ORDINANCE INCREASING THE FINE FOR MISDEMEANOR VIOLATIONS TO $700. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 6.3. Park Dedication Fee The City Administrator noted that the proposed resolution would raise the park. dedication fees from $100 per dwelling unit to $200 per dwelling unit. COUNCILMEMBER TRALLE MOVED TO APPROVE RESOLUTION 87-24 A RESOLUTION ESTABLISHING PARK DEDICATION FEE ON NEW SUBDIVISIONS AND MULTI-FAMILY DWELLING UNITS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 6.4. Old City Hall The City Administrator reviewed the terms being negotiated between the County and City allowing the County to lease the old City Hall building. tit COUNCILMEMBER TRALLE MOVED TO ENTER INTO AN AGREEMENT WHICH WOULD ALLOW THE COUNTY ATTORNEY'S OFFICE TO LEASE SPACE IN THE OLD CITY HALL BUILDING AT $500 PER MONTH CONTINGENT UPON THE CITY NOT BEING RlSPONSIBLE FOR ANY ADDITIONAL SERVICES OR EXPENSES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 12 City Council Minutes May 18. 1987 - Mr. Gary Santwire was present and questioned if the Council was considering selling the old City Hall site. After some discussion it was the consensus of the Council that it would respond to any proposals it received. The City Administrator stated that if this was the Council's intent. it would be best to advertise this fact so everyone interested would have a chance at purchasing the site and building. 6.5. Wilderness Park The City Administrator noted that the City had received a counter offer for the Wilderness Park (Lamm Property) of $950 per acre at 9% interest for 10 years. COUNCILMEMBER TRALLE MOVED TO OFFER ONE LAST COUNTER OFFER TO THE LAMMS FOR THEIR PROPERTY AT $800 PER ACRE. 9% INTEREST FOR 10 YEARS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 2-l. COUNCILMEMBER DOBEL OPPOSED. COUNCILMEMBER HOLMGREN ABSTAINED. 6.6. Park Shelter Buildings Mr. Klaers. City Administrator explained that the Street Superintendent was ready to order materials for the 2 park shelter buildings. e COUNCILMEMBER DOBEL MOVED TO AUTHORIZE CITY STAFF TO ORDER MATERIALS FOR TWO PARK SHELTER BUILDINGS AT THE APPROXIMATE DOLLAR RANGE OF $7.000 PER BUILDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.. THE MOTION PASSED 4-0. 6.7. Street Department Mower COUNCILMEMBER TRALLE MOVED LAWN MOWER TO BE FUNDED COUNCILMEMBER DOBEL SECONDED COUNCILMEMBER HOLMGREN OPPOSED. TO AUTHORIZE THE PURCHASE OF A TORO 322 D FROM 1987 EQUIPMENT CERTIFICATES. THE MOTION. THE MOTION PASSED 3-1. 6.8. Temporary Beer License The City Administrator noted that the Chamber of Commerce is requesting a 3.2 non-intoxicating malt liquor license for the 4th of July celebration. COUNCILMEMBER DOBEL MOVED TO APPROVE A TEMPORARY 3.2 NON INTOXICATING OFF SALE MALT LIQUOR LICENSE FOR JULY 4. 1987. REQUESTED BY THE CHAMBER OF COMMERCE CONTINGENT UPON THE LIABILITY INSURANCE BEING IN EFFECT AND THAT THE CHAMBER COMPLY TO ANY STIPULATIONS MADE BY THE POLICE DEPARTMENT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. e 7. Check Register COUNCILMEMBER SCHULDT COUNCILMEMBER HOLMGREN MOVED SECONDED TO APPROVE THE MOTION. THE CHECK REGISTER. THE MOTION PASSED 4-0. 9. Adjournment Page 13 There being no further business. COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. e The meeting of the Elk River Council adjourned at 10:30 p.m. ~-A Sandy Thackeray Recording Secretary e e