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07-06-1987 CC MIN e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JULY 6. 1987 Members Present: Mayor Gunkel. Councilmembers Dobel. Holmgren. Schuldt and Tralle Members Absent: None Staff Present: Steve Rohlf. Building and Zoning Administrator 1. The meeting was called to order at 7:00 p.m. by Mayor Gunkel. 2. Consider 7/6/87 City Council Agenda Items 8.1 Sidewalk; 8.2 - Highway 101 and 8.3 - Discussion regarding City Administrator's letter were added to the agenda. item 6.4- withdrawn and item 3.3 - deleted. COYNCILMJJ1M1IR DOBEL MOVED TO APPROVE THE 7/6/87 CITY COUNCIL AGENDA AS AmJNIHm, COUNCILMlMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 3.1. 6/15/87 - Page 3 of Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE PAGE 3 OF THE 6/15/87 CITY COUNCIL MINUTES. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5- O. The 6/15/87 City Council minutes were approved at the 6/29/87 Council meeting with the exception of page 3 which was not included. 3.2. 6/18/87 Board of Review Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 6/18/87 BOARD OF REVIEW MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 3.4. 6/29/87 City Council Minutes Mayor Gunkel noted that the wording in the motion on page 2. item 8.4. should be changed from "Street Lighting" to "Traffic Control Lighting." Mayor Gunkel also noted that the second sentence on page 5. item 14. should be deleted and replaced with the following: " She further indicated she doubted whether this location was appropriate for a trucking business and felt that an industrial zone would be more appropriate." gOUNCILMlMBER TRALLE MOVED TO APPROVE THE 6/29/87 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5- O. Page 2 City Council Minutes July 6. 1987 e 5.1. Defeasing of Bonds Mr. Gary Groen. City Auditor. of Abdo. Abdo and Eick. introduced Brad Farnham of Juran and Moody to the Council. Mr. Groen explained that he was present to report back to the Council on the defeasing of bonds. Mr. Farnham explained that by defeasing the bonds the City will remove them fro~ the debt side of their financial statement and at the same time will free up approximately $118.000. He indicated this would also improve the City's bond rating. COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 87-34. A RESOLUTION APPROVING DEFEASANCE PROGRAM FOR CERTAIN GENERAL OBLIGATIO BONDS OF THE CITY AND REQUESTING CANCELLATION OF TAX LEVIES CONl'INGENT UPON THE CITY A'1"l'ORNEY REVIEWING THE ESCROW AGREEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.2. Resolution Ordering Feasibility for 218th Mayor Gunkel noted that Terry Maurer had submitted a resolution authorizing the preparation of a feasibility study for the regravelling of 218th Avenue which is in response to a petition from abutting property owners. e Discussion was held regarding the reasoning for the City reconstructing a gravel road as opposed to doing an overlay. COUNCILMEMBER TRALLE MOVED TO TABLE THIS ITEM UNTIL THE JULY 20. 1987 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. It was the consensus of the City Council to have the Building and Zoning Administrator research the City's position on gravel roads and report back to the Council at the July 20th meeting. 5.3. Resolution Awarding Bids for Industrial Park COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 87-35, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE ELK RIVER INDUSTRIAL PARK IMPROVEMENTS OF 1987. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.4. Resolution Rescheduling public hearing for Jackson Avenue Improvements COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 87-36. A RESOLUTION RESCHEDULING THE PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE JACKSON AVENUE IMPROVEMENT OF 1987. COUNCILMEMBER DOBEL SECONDED 'l'lm MOTION. THE MOTION PASSED 5-0. e e City Council Minutes July 6. 1987 Page 3 5.5. Urban/Rural Districts - Amendments for Platted Areas e e Mayor Gunkel explained that plats which are in the rural tax district can be added to the urban district by a motion from the Council. Mr. Rohlf explained that the City will be looking at adding areas of commercial and industrial use and pieces of property that are surrounded by platted areas but are currently exceptions to the plat and also other areas that are urban by nature. He further stated that these areas will require a public hearing on order to change the taxing district. COUNCILMEMBER SCHULDT MOVED TO ORDER THE REMOVING OF LAND S FROM THE RURAL SERVICE DISTRICT AND ADDING THEM TO THE URBAN SERVICE DISTRICT FOR THE FOLLOWING LISTED PLATS: ALDERWOOD ESTATES AR-MON COMMERCIAL PARK AVON ACRES 2ND ADDITION AVON ACRES 3RD ADDITION AVON ACRES 4TH ADDITION BELGIN ACRES BEST POINT ON LAKE ORONO BRENTWOOD (3~YN'l'RY~IDI ACRlS ~~~RfIILD 1ST ADDITION DEERFIELD 2ND ADDITION DEERFIELD 3RD ADDITION EVERGREEN TERRACE FAIRHAVEN HILLS FIRST CAMP COZY FIFTH CAMP COZY FOURTH CAMP COZY GRANDVIEW ADDITION GRANDVIEW 2ND ADDITION GREENHEAD ACRES 1ST ADDITION GREENHEAD ACRES 2ND ADDITION GREENHEAD ACRES 3RD ADDITION HEATHS ADDITION HOBBIT HILLS ILSTRUP ADDITION ISLAND VIEW ADDITION ISLAND VIEW 2ND ADDITION ISLAND VIEW 3RD ADDITION KNOLLWOOD KNOLLWOOD WEST KNOLLWOOD WEST 2ND ADDITION LUNDGREN HOMES 1ST ADDITION M-VALE MEADOWVALE FOREST MEADOWV ALE WOOD S MEADOWVALE WOODS 2ND ADDITION MISSISSIPPI HEIGHTS OAK HILLS 1ST ADDITION OAK HILLS 2ND ADDITION OAK KNOLL OAK MEADOWS ORONO HILLS ADDITION ORONO LAKE ADDITION ORONO LAKE 2ND ADDITION ORONO LAKE 3RD ADDITION PALMER 1ST ADDITION PlNEWOOD ESTATES R R INDUSTRIAL PARK RIDGEWOOD 1ST ADDITION RIDGEWOOD 2ND ADDITION RIDGEWOOD 3RD ADDITION RIVER PINE ADDITION RIVERVIEW HEIGHTS RlVERVIEW HEIGHTS 2ND ADDITION RIVERVIEW HEIGHTS 3RD ADDITION ROHLFS ADDITION SANDPIPER ESTATES SIPPI HEIGHTS SIXTH CAMP COZY THIRD CAMP COZY VILLAGE ESTTES VILLAGE ESTATES 2ND ADDITION WESTWOOD SUBDIVISION WILDERNESS ACRES COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. Page 4 City Council Minutes July 6. 1987 e 5.6. Temporary Liquor License. Elk River Lions It was the consensus of the City Council to approve a temporary liquor license for the Sherburne County Lions to sell 3.2 non- intoxicating malt liquor during the 4 days of the Sherburne County Fair at the Fairgrounds. 6.1. Conditional Use Permit by Mark Zieska/Public Hearing Mayor Gunkel indicated that this item was tabled from the 6/15/87 City Council Meeting due to the fact that the applicant was not present at the meeting. e Steve Rohlf. Building and Zoning Administrator. indicated that the Planning Commission recommended approval of the conditional use permit which would allow light manufacturing with related sales operations in a C-3A/highway commercial zoned district with a number of stipulations. The Council discussed the recommendations of the Planning Commission which are listed in the memo to the City Council from the Building and Zoning Administrator dated June 9. 1987. The main concern of the items discussed was #5 which related to all parking and drive areas being hardsurfaced. Mr. Zieska had not planned on hardsurfacing the turn around area for trucks on the far north side of the parking lot. He indicated he is intending to put class five on this area. In number 7. the Planning operation from surrounding appearance of the steel including the roof. unless Commission did not recommend screening of this properties. but instead asked that the outside building be a baked enamel colored steel the roof stays to a 1/2 in 12 pitch. Mr. Zieska indicated to the Planning Commission that he may be putting a free standing sign up in the future. Mayor Gunkel opened the public hearing. Mr. Gary Santwire stated that he was present representing himself as a broker and also George Dietz. Mr. and Mrs. Decker. Mr. and Mrs. Norah and Cynthia Meardon. all of who own commercial real estate in Elk River. Mr. Santwire questioned the fact that the City Code calls for all drives to be hardsurfaced and also the fact that all other commercial property owners have been required to landscape with shrubs. trees. etc. Mr. Santwire indicated that his main concern is keeping the requirements for commercial businesses equal. He indicated that by not doing this it is unfair. especially when it comes to the assessed valuation of the property in relation to taxing. Mayor Gunkel closed the public hearing. e The Building and Zoning Administrator cited sections from the City Code in relation to blacktopping and landscaping. He stated that according to sections 900.24(8). 900.32(1) and 900.30(2) of the Elk River City Code. blacktopping and landscaping are required with no exceptions. After further discussion it was the consensus of the Council that the entire park and drive area be blacktopped and further that shrubbery be planted around the building. Page 5 City Council Minutes July 6. 1987 e The Council questioned wheather or not the building should be screened. It was indicated by Mr. Rohlf that screening is not required from commercial to industrial property. COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR MR. MARK ZIESKA TO ALLOW ENCLOSED LIGHT MANUFACTURING WITH RELATED SALES OPERATIONS IN A C-3A HIGHWAY COMMERCIAL ZONED DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS ALL THAT PART OF THE SW 1/4 OF THE SW 1/4 OF SECTION 2, TOWNSHIP 32. RANGE 26. SHERBURNE COUNTY (COMPLETE LEGAL AVAILABLE IN CITY RECORDS) WITH THE FOLLOWING STIPULATIONS: 1. THAT THERE BE ONE DRIVEWAY WITH A 24 FOOT MINIMUM WIDTH. 2. THAT THE AREA INTENDED TO BE THE TURNAROUND BE SEEDED. AND IF IT DOES BECOME A TURNAROUND THAT IT BE BLACKTOPPED. 3. IF A FREE STANDING SIGN IS TO BE ERECTED. THIS SHALL BE REVIEWED BY THE PLANNING COMMISSION AND CITY COUNCIL. 4. THAT APPROPRIATE SHRUBBERY BE PLANTED ON THE WEST SIDE OF THE BUILDING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.2. Ordinance Amendment/Lumber Yards/True Value/Public Hearing e Mayor Drive as a Mayor actual Gunkel stated that True Value Home Center located at 555 Railroad is requesting an ordinance amendment to allow enclosed lumber yards conditional use in a C-4 district with no outside storage allowed. Gunkel indicated she felt this would be less of an impact than an lumber yard. Mayor Gunkel opened the public hearing. Mr. Gary Santwire indicated he was representing True Value Hardware. He indicated that also present were the owners of True Value; Mr. & Mrs. Kozlak. Mike Leary. and Pat Donahue; owner of the Elk River Post Office. Mr. Santwire indicated that a home center is not mentioned in the City Code and stated that the selling of lumber is associated with a home center. He stated that by allowing the lumber as a conditional use this would allow the Council. Planning Commission and citizens the ability to voice their concerns and set conditions so the store will not adversely affect the neighborhood. Mr. Mike Leary presented the council with an artist's drawing of the concept True Value is proposing. Mr. Pat Donahue stated he had no objections to the True Value selling lumber. He indicated he felt this would be a plus to the community and further would draw traffic to the area. which is vital to the existing businesses. e Mayor Gunkel closed the public hearing. Page 6 City Council Minutes July 6. 1987 e Mayor Gunkel stated unenclosed fashion. further stated she proposed concept of neighborhood. Councilmember Tralle stated he felt the wording should be changed in the proposed ordinance so as not to show favoritism. He suggested changing the wording to "Lumber sales in conjunction with the principal use." Councilmember Tralle also questioned if it is allowed to have two buildings on one lot. Mr. Rohlf stated that one building would be an accessory building to the principal building. that the sale of lumber. which has been stored in an has been in existence for an entire year. She is not aware of any complaints. She noted the enclosed storage would lessen the impact on the Councilmember Schuldt stated he was opposed to the ordinance amendment.. He stated the issue is whether or not lumber should be allowed in a C-4 zone because what is allowed in this area will have to be allowed in all C-4 zoned areas. He indicated he can see no justification to allowing lumber yards in a C-4 zone. He stated that the area in questions was rezoned as a link between the downtown area and the mall. Mr. Rohlf stated that C-4 is a service commercial area and stated there are two other areas in Elk River that are zoned C-4 which are suitable for lumber yards. Mr. Rohlf stated that maybe the area in question should have been zoned C-1. which would better portray Councilmember e Schuldt's concept. Mayor Gunkel stated that the City Ordinance does not address home centers. She indicated that in some cases the ordinance is very specific and in some cases very general. Councilmember Holmgren stated that there are not many stores that sell just lumber. He indicated that the whole concept of shopping is changing and stated we must plan our community around this. He further indicated that he does not feel the City can dictate what items True Value Home Center can sell. cOUNCILMEMBER TRALLE MOVED TO APPROVE ORDINANCE 87-24 WHICH WOULD ALLOW LUMBER SALES IN CONJUNCTION WITH PRINCIPAL USES WITH NO OUTSIDE STORAGE ALLOWED IN C-4 ZONES AS A CONDITIONAL USE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Dobel questioned what would happen if 3 or 4 other stores selling lumber would come in the area. Councilmember Dobel stated he felt there were other areas in the City that were more appropriate for lumber yards. e Mayor Gunkel indicated that the business has existed with outside lumber storage without being offensive to the area. She further indicated that the Council is being very inconsistent. when on one hand they are in the process of hiring an economic development coordinator to help businessess in the area. and on the other hand they are deterring existing businesses. Page 7 City Council Minutes July 6. 1987 e Councilmember Dobel stated that he would like to see other stores in the area and compare them to the True Value Store in regards to the selling of lumber and location. He further indicated that he is questioning whether this is the best improvement that can be put in the area and whether it is the best use for the land. COUNCILMEMBER TRALLE WITHDREW HIS MOTION. COUNCILMEMBER HOLMGRIN WITHDREW THE SECOND TO THE MOTION. cOUNCILMEMBER TRALLE MOVED TO TABLE THE ITEM UNTIL THE JULY 20. 1987 CITY COUNCIL MEETING UNTIL SUCH TIME THAT COUNCILMEMBER DOBEL HAS CHECKED OTHER STORES IN THE SURROUNDING AREAS WHICH SELL LUMBER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.3. Conditional Use Permit Request/Barrington Place/Public Hearing Mayor Gunkel indicated 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. Councilmember Holmgren questioned whether there was some way to have the developer install a play area for the children in the townhomes. He indicated that the children in the townhomes do not have anywhere to play. It was the consensus that the Building and Zoning Administrator ~ would mention this idea to the developer. COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO AMEND THE PUD AGREEMENT FOR BARRINGTON PLACE PUD. TO INCREASE THE DENSITY ON !LOCK 2 TO 32 UNITS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.4. Preliminary and Final Plat Review/Barrington Place/Public Hearing The Building and Zoning Administrator noted that this item was withdrawn and would be presented to the Council with a new replat at a later date. 6.5. Final Plat Review for Sandpiper Estates. 2nd Phase/Public Hearing The Building and Zoning Administrator stated that the final plat for Phase 1 of Sandpiper Estates was approved at the July 21. 1986 City Council meeting. The Building and Zoning Administrator reviewed the items mentioned in his memo dated July 2. 1987. regarding concerns of Sandpiper Estates. 2nd Phase. Discussion was held regarding the completion date of the roads. It was indicated that the original completion date stated in the developers agreement is July 21. 1987. Mr. Gagne asked for an extension to'this date. Discussion was also held regarding the fact that some of the lots in the plat may be split in the future. if and when City sewer and water is available in the area. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PLAT OF SANDPIPER ESTATES PHASE 2 WITH THE FOLLOWING CONDITIONS: Page 8 City Council Minutes July 6. 1987 e 1. THE COMPLETION DATE FOR THE ROADS BE OCTOBER 1. 1987. 2. PHASES 1 AND 2 BOTH BE RECORDED AT ONE TIME. 3. THAT THERE BE A CUL-DE-SAC AT THE END OF 183RD. 4. A DEVELOPERS AGREEMENT BE ENTERED INTO PRIOR TO THE RECORDING OF THE PLAT AND THAT ALL FEES BE PAID. 5. THAT PARK DEDICATION ON PHASE 2 BE $5.000. 6. THAT MR. GAGNE PROVIDE THE CITY WITH AN OVERLAY OF THE PLAT SHOWING THE FUTURE PROPOSED SPLI'lTING OF LOTS. 7. THAT THE DOCUMENT RECEIVED FROM FHA AND VA REGARDING THE PERK TESTS BE REVIEWED BY THE CITY ENGINEER. AT WHICH TIME HE WILL DETERMINE IF PERK TESTS WILL BE REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Check Register COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 8.1. Sidewalk for St. Andrews Church e Mr. Rohlf presented a memo to the Council stating dollar amounts to install sidewalk in front of St. Andrews Church. Mr. Rohlf stated that this sidewalk is dangerous and should be replaced according to Phil Hals. Mayor Gunkel indicated that the dollar amount presented for the project was approximately $2.645. She informed the Council that when Irving Avenue project was done MSA money funded the project and the sidewalk in front of St. Andrews was not included. It was the consensus to authorize Phil Hals to proceed with the installation of the new sidewalk to be paid for by the City. It was further noted that the Street Superintendent do the striping and put the sign on Proctor before he begins this project. 8.2. Highway 101 Councilmember Tralle distributed related to Highway 101. It was the all surrounding communities and to are made. a draft letter to the Council which consensus that this letter be sent to State representatives after revisions 8.3. Discussion regarding City Administrator's letter The Council discussed the letter they Administrator. received from the City 9. Adjournment e There being no further business. COUNCILMEMBER TRALLE MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. e e e City Council Minutes July 6. 1987 The meeting of the Elk River City Council adjourned at 11:00 p.m. ~ Sandy Thackeray Recording Secretary Page 9