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09-28-1987 CC MIN e e - MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY SEPTEMBER 21. 1987 Members Present: Mayor Gunkel. Councilmembers Dobel. Tralle. Schuldt and Holmgren Members Absent: Councilmember Dobel Staff Present: Pat Klaers. City Administrator; Stephen Rohlf. Building and Zoning Administrator 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consider 9/21/87 City Council Agenda Item 5.20 Steve Rohlf. General Discussion and 6.7 - Administrator's update were added to the agenda. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 9/21/87 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consideration of 8/31/87 City Council Minutes Mayor Gunkel noted two corrections as follows: Page 2. Item 4.4. "Highway 10" should read "Highway 169;" and Page 5. Item 5.3. "Councilmember Gunkel" as stated in the motion. should read "Mayor Gunkel." COUNCILMEMBER TRALLE MOVED TO APPROVE THE 8/31/87 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike Mr. George Deschenes handed out photos taken of property adjacent to the Barrington Place townhouses. The photos showed an array of debris left on the property by the builders. Mr. Deschenes questioned whose responsibility it was to clean this up. He indicated the City should require some type of performance bond so there is some recourse to take in these type of situations. The Building and Zoning Administrator explained that he has been in contact with the new perspective owners and has informed them that this must be cleaned up before winter. Mr. Rohlf further indicated that if the sale does not take place. the bank would be responsible for the property. He stated the area would be cleaned up before winter either by the owner. the bank or the City. e e e Page 2 Elk River City Council Minutes September 21. 1987 5.1. Conditional Use Permit by Kenneth Nord/Public Hearing/Tabled This item was tabled due to the petitioners request. Mayor Gunkel opened and closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO TABLE THE REQUEST. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 5.2. Preliminary & Final Plat - Elk River Plaza 3rd Addition/Replat of Lot 3." Block 1. Elk River Plaza 2nd Addition/Public Hearing Mayor Gunkel stated that Barthel Construction is requesting areplat of Lot 3. Block 1. Elk River Plaza 2nd Addition which involves creating 3 lots out of 1 lot. The Building and Zoning Administrator stated that the plat lies within a PUD. therefore. no frontage or lot size requirements are specified. Planning Commission Representative. Arlon Fuchs. stated that the Planning Commission recommended approval with certain stipulations. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Councilmember Tralle questioned why no Developer's Agreement was required. The City Administrator stated it was because there was only one minor public improvement. COUNCILMEMBER TRALLE MOVED TO APPROVE THE PRELIMINARY PLAT REVIEW OF THE ELK RIVER PLAZA 3RD ADDITION BY BARTHEL CONSTRUCTION WITH THE FOLLOWING STIPULATIONS RECOMMENDED BY THE PLANNING COMMISSION: 1. THAT THE CITY ATTORNEY REVIEW THE RECIPROCAL PARKING AND DRIVE AGREEMENT . 2. NO PARK DEDICATION FEES. 3 . NO DEVELOPER'S AGREEMENT REQUIRED. 4. LETTER OF CREDIT FOR $7.500 TO BE OBTAINED FOR THE WATER LINE. 5. THE WATER LINE TO BE INSTALLED PER CITY SPECIFICATIONS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Conditional Use Permit/Barthel Construction/Public Hearing Mayor Gunkel introduced this item by stating that Barthel Construction is requesting a conditional use permit to amend the PUD to allow a car wash on Lot 3. Block 1. Elk River Plaza 2nd Addition. Page 3 e Elk River City Council Minutes September 21. 1987 Planning Commission representative. Peter Kimball. stated that the Planning Commission recommended approval to allow 3 buildings on Lot 3. Block 1. one of which would be a car wash. Mayor Gunkel opened the public hearing. There being no one present for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A CAR WASH IN THE ELK RIVER PLAZA PUD ON LOT 3. BLOCK 1 OF ELK RIVER PLAZA 3RD ADDITION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Site Plan Review by Barthel Construction Mayor Gunkel explained that Barthel Construction was requesting site plan review for three buildings to be constructed on the three proposed lots in Elk River Plaza 3rd Addition. Mr. Rohlf stated that the three proposed buildings will consist of a furniture store. office building and a car wash. Mr. Rohlf addressed the Fire Chief's concerns and the City Engineer's concerns at this time. He also addressed the landscaping. lighting and building elevation concerns. all of which are indicated in the Staff Memo dated September 9. 1987. e Discussion took place regarding the reciprocal parking and drive agreement and the fact that there were two driveways exiting and entering onto Freeport Avenue. Discussion was held regarding the fact that this could possibly create a traffic hazard. Councilmember Schuldt indicated that the fewer driveways entering and exiting off of Freeport the better. He stated he would like to see the driveway closest to the proposed office building eliminated. Councilmember Holmgren stated that there could be a possible hazard with two drives exiting onto Freeport right before a curve. A further possible hazard would be the trees planted in the boulevard. Mayor Gunkel and Councilmember Tralle both concurred that there could be a better ingress/egress solution than proposed. Planning Commission Representative. Arlon Fuchs. stated that the Planning Commission recommended approval of the site plans with certain stipulations as stated in the Staff memo dated September 9. 1987. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE SITE PLANS FOR LOTS 1. 2. & 3. ELK RIVER PLAZA 3RD ADDITION AS SUBMITTED WITH THE FOLLOWING STIPULATIONS: e e e e Page 4 Elk River City Council Minutes September 21. 1987 1. THAT THE LAND SCAPING PLAN AS PRESENTED BE ACCEPTED AND ENFORCED. WITH THE EXCEPTION THAT NO TREES BE PLANTED WITHIN 50 FEET ON EITHER SIDE OF THE DRIVEWAY. 2. THAT THE LIGHTING PLAN AS PRESENTED BE ACCEPTED. 3. THAT '!'HE OFFICE BE SIMILAR IN DESIGN TO THE PRESENTATION; RESIDENTIAL IN NATURE. 4. THAT THE BUILDING ELEVATIONS FOR THE CAR WASH AND FURNITURE STORE BE SIMILAR IN DESIGN TO THE REST OF THE SHOPPING MALL. 5 . THAT SOIL BORINGS BE TAKEN AND APPROVED BY CITY STAFF PRIOR TO BUILDING PERMIT ISSUANCE. 6. THAT THE DETAILS OF THE SEWER AND WATER HOOK-UP BE APPROVED BY CITY STAFF AND DEALT WITH AT TIME OF BUILDING PERMIT ISSUANCE. THAT A PARKING AND DRIVE RECIPROCAL AGREEMENT BE ENTERED INTO AND REVIEWED BY THE CITY ATTORNEY. 8. THAT THE SITE PLAN AS PRESENTED BE APPROVED WITH THE STIPULATIONS THAT THE AREA EAST OF THE CAR WASH' BE DESIGNATED "FIRE LANE. NO PARKING." 9. THAT THE BITUMINOUS SURFACING SOUTH OF THE FURNITURE STORE BE LISTED AS FIRE LANE. NO PARKING. 10. THAT THE AREA DIRECTLY NORTH OF THE ENTRANCE TO THE FURNITURE STORE BE MARKED "NO PARKING." 11. THAT SURMOUNTABLE CONCRETE CURBING BE INSTALLED AROUND THE PERIMETER OF THE LOTS TO DIRECT SURFACE WATER FLOW TOWARDS FREEPORT. 12. THAT TRASH RECEPTICALS FOR ALL THREE BUILDINGS BE SCREENED. 13. THAT THE LIGHT INTENSITY IN THE PARKING LOT MEET CITY CODE STANDARDS AND THAT LIGHTING BE DIRECTED AWAY FROM ADJOINING RESIDENTIAL PROPERTIES AND RIGHTS-OF-WAY. 14. THAT SIGNAGE PERMITTED FOR EACH OCCUPANCY BE WITHIN THE LIMITS SET FORTH FOR THE REST OF THE PUD. 15. THAT THE PARKING REQUIREMENTS FOR THE THREE BUILDINGS SHALL BE AS DELINEATED IN THE STAFF MEMO. DATED SEPTEMBER 9. 1987, AND ALSO AS IN THE PROPOSED SITE PLAN. 16. THAT THE LANDSCAPING AS SHOWN ON THE LANDSCAPING PLAN BE INSTALLED WITHIN 60 DAYS OF THE BEGINNING OF THE PLANTING SEASON FOLLOWING COMPLETED CONSTRUCTION FOR EACH BUILDING. PAGE 5 Elk River City Council Minutes September 21. 1987 e 17. THAT THERE BE ONE DRIVEWAY ENTERING AND EXITING OFF OF FREEPORT FOR LOTS 1 AND 2. 18. THAT NO TREES BE PLANTED WITHIN 50 FT. OF THE DRIVE TO THE PROPERTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Conditional Use Permit Request by Joseph Spengler & Jo Magney/ Public Hearing Mayor Gunkel explained that Joseph Spengler and Jo Magney are requesting a conditional use permit to allow a kennel in an A-1 zoned district located on Lot 6. Block 2. Greenhead Acres 2nd Addition. Planning Commission Representative. Peter Kimball. stated that the Planning Commission recommended approval of the request with the recommendations stated in the Staff memo dated September 9. 1987. Mayor Gunkel opened the public hearing. Jo Magney stressed the fact that they are applying for a kennel license. however. they are not. in essence. operating a kennel but pursuing a hobby. She indicated they would make no profit because of the expense of dog shows and breeding. ~ Joe Spengler requested that the 300 foot setback of the kennel fence to the nearest neighboring residence. set by the Planning Commission. be reduced to 150 feet due to the layout of the land. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY JOSEPH SPENGLER AND JO MAGNEY TO ALLOW A KENNEL ON LOT 6. BLOCK 2, GREENHEAD ACRES 2ND ADDITION WITH THE FOLLOWING CONDITIONS: 1. THAT THE CONDITIONAL USE PERMIT BE SUBJECT TO A ONE YEAR REVIEW. 2. THAT THE OUTDOOR AREA FOR THE DOGS BE COMPLETELY ENCLOSED WITH A MINIMUM FOUR FOOT CHAIN LINK FENCE. 3 . THAT THE FENCED AREA HAVE A MINIMUM SETBACK OF 150 FEET FROM THE NEAREST NEIGHBORING RESIDENCE. 4. THAT THE DOGS BE NORMALLY INSIDE THE HOUSE AFTER 10:00 P.M. AND BEFORE 6:30 A.M. 5. THAT THE DOGS BE MAINTAINED INDOORS WHEN THE OWNERS ARE NOT HOME. e e e e PAGE 6 Elk River City Council Minutes September 21. 1987 6. THAT THERE BE A MAXIMUM OF 9 ENGLISH SPRINGER SPANIELS OVER THE AGE OF 6 MONTHS. 7 . THAT ALL ANIMALS BEING KEPT ON THE PREMI SES BE OWNED BY THE PETITIONERS. ' 8. THAT THERE BE NO BOARDING. GROOMING. TREATING OR TRAINING OF DOGS ON THE PROPERTY FOR A FEE OR PROFIT. 9. THAT THE KENNEL BE LICENSED AND HAVE A KENNEL PERMIT. 10. THAT THE KENNEL AND THE MAINTENANCE OF THE ANIMALS COMPLY WITH CITY ORD INANCES. 11. THAT THE KENNEL BE SUBJECT TO INSPECTIONS BY THE CITY STAFF AT REASONABLE TIMES AND INTERVALS. 12. THAT THERE BE NO SIGNAGE ON THE PROPERTY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Resolution Pertaining to Kennel License Fee COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 87-54. ESTABLISHING THE FEE OF $75 FOR COMMERCIAL KENNEL PERMITS. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. A RESOLUTION COUNCILMEMBER 5.7. Kennel License/Joseph Spengler and Jo Magney COUNCILMEMBER TRALLE MOVED TO APPROVE THE ISSUANCE OF A KENNEL LICENSE TO JOSEPH SPENGLER AND JO MAGNEY FOR LOT 6. BLOCK 2. GREENHEAD ACRES 2ND ADDITION. GOUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.8. Conditional Use Permit/Patrick Cherney/Public Hearing Mayor Gunkel explained that Mr. Patrick Cherney of 12175 Thrush Street is requesting a conditional use permit for light manufacturing and related sales in a C-3B zone. to refinish furniture and restoring antiques and also to sell the refinished items. Stephen Rohlf explained that the site was existing prior to Mr. Cherney's arrival. He noted that he has inspected the site and found it to be in compliance with Building Code. Planning Commissioner Fuchs stated that the Planning Commission recommended approval of the request with the recommendations listed in the Staff memo dated September 9. 1987. e e e Page 7 Elk River City Council Minutes September 21. 1987 Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED REQUESTED BY PATRICK CHERNEY SALES IN A C-3B ZONE ON LOT 3. FOLLOWING STIPULATIONS: TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW LIGHT MANUFACTURING AND RELATED BLOCK 1. AVON ACRES 4TH ADDITION WITH THE 1. THAT HE NOT EXCEED 260 SQUARE FEET OF EXISTING OR ADDED SIGNAGE. 2. THAT THE PARKING LOT CONSIST OF SEVEN PARKING STALLS. STRIPED AND HARD-SURFACED. INCLUDING ONE HANDICAP STALL. 3. THAT THE DRIVES AND THE LOADING AREA BE HARD-SURFACED. 4. THAT THE DRAINAGE REMAIN AS EXISTING UNLESS OTHERWISE APPROVED BY CITY STAFF. 5. THAT THE AREA NOT HARD-SURFACED BE MAINTAINED AS IS. WITH EXISTING NATURAL GRASS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.9. Variance Request by Raymond Gutzwiller/Public Hearing Mayor Gunkel encroachment garage. explained that Raymond Gutzwiller is requesting a 15 foot on the 35 foot front yard setback to accommodate a detached Stephen Rohlf explained that Mr. Gutzwiller met the standards for a variance for the following reasons: 1. In order to meet the 35 foot setback from Irving Street. Mr. Gutzwiller's garage would be on top of his drainfield. 2. The western portion of Mr. Gutzwiller's lot is drainage easement in which a structure cannot be located. 3. If Mr. Gutzwiller were to construct his garage further north to get around his drainfield. he would be encroaching on the side yard setback. Mayor Gunkel stated that the Planning Commission recommended approval of the request. Mayor Gunkel opened the public hearing. There being no one present for the item. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUESTED BY MR. GUTZWILLER OF 11663 198THAVENUE NW. TO ALLOW A 15 FOOT ENCROACHMENT ON THE 35 FOOT FRONT YARD SETBACK IN ORDER TO ACCOMMODATE A GARAGE FOR THE ABOVE STATED REASONS.. COUNCILMEMBERHOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. tit e e Page 8 Elk River City Council Minutes September 21. 1987 5.10.Conditional Use Permit by D.J.'s Truck Sales/Public Hearing Mayor Gunkel indicated that this item should be tabled indefinitely because the petitioners have not been present at any meetings. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO TABLE COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE REQUEST INDEFINITELY. THE MOTION PASSED 4-0. 5.11.Preliminary & Final Plat Review/Holt Addition - Replat of Lots 1. 2. & 3 Block 13. Village of Elk River Addition/Elk River True Value Home Center Public Hearing Mayor Gunkel noted that Elk River True Value Home Center is requesting a replat of Lots 1. 2. & 3. Block 13. Village of Elk River Addition. in order to make one lot out of three lots. She noted that the Planning Commission unanimously recommended approval of the request. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT REQUEST TO COMBINE LOTS 1. 2. & 3. BLOCK 13. VILLAGE OF ELK RIVER ADDITION. REQUESTED BY ELK RIVER TRUE VALUE HOME CENTER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.12.Conditional Use Permit Request/Elk River True Value Home Center/ Pub lic Hearing Mayor Gunkel explained that True Value Home Center is requesting a conditional use permit to allow a lumber yard in a C-4 zone. Stephen Rohlf. Building and Zoning Administrator. reviewed the site plan with the City Council. He reviewed the Fire Chief's concerns. one of which was that the east side of the newly proposed storage building be marked "no parking fire lane" and that this area be blocked off to prevent parking on the east side. The Council discussed the area on the site plan marked garden center. The Building and Zoning Administrator stated that the City Attorney had interpreted this to be outside storage unless the plants were taken in every night. It was the consensus of the Council to not make a decision on the garden center at this time but to wait until Staff has reviewed all garden centers in Elk River and sets a policy. Page 9 e Elk River City Council Minutes September 21. 1987 Mr. Rohlf indicated that the Legion Club had a concern with the fact that the storage building would be close to the Legion building in regards to fire hazard. Mr. Rohlf explained that the True Value building would either have to be one hour fire resistant construction throughout or be fully sprinklered in order to build the size of building they are proposing. Mr. Santwire. representative of Elk River True Value. explained that the building structure has been changed since Planning Commission. from lap siding and shingled roof to a block building in order to address the fire hazard concern. Planning Commissioner Kimball indicated that the Planning Commission recommended approval of the request with the stipulations stated in the Staff memo dated September 9. 1987. Mayor Gunkel opened the public hearing. There being no comments from the public~ Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR TRUE VALUE HOME CENTER TO ALLOW A LUMBERYARD IN A C-4 ZONE LOCATED AT 555 RAILROAD DRIVE WITH THE FOLLOWING STIPULATIONS: e 1, THAT '!'HE ENTRANCE CONSIST OF TWO 30 FOOT DRIVES; ONE FOR INGRESS AND ~W FOR. IGBSS; AND ONE ADDITIONAL ENTRANCE ON THE FAR EASTERN SIDE OF THE PROPERTY WHICH WILL GO DIRECTLY INTO THE STORAGE BUILDING. FOR EMPLOYEE USE ONLY. AND THAT THERE BE PEDESTRIAN STRIPING AT THE ENTRANCE TO THE RETAIL BUILDING AND DIRECTIONAL ARROWS FOR VEHICULAR TRAFFIC AT THE ENTRANCES. 2. THAT THERE BE 48 PARKING SPACES; AND THAT THERE BE NO PARKING ON THE EAST SIDE OF THE LUMBER STORAGE BUILDING AND THAT TH EAST SIDE BE BLOCKED IN SOME MANNER SO AS TO NOT ALLOW TRAFIC IN THE AREA. 3. THAT THE DRAINAGE REMAIN AS IS. 4. THAT THE 15 FOOT WIDE AREA ON THE EAST SIDE OF THE PROPOSED STORAGE BUILDING BE MARKED "NO PARKING. FIRE LANE." 5. THAT ADEQUATE LIGHTING BE ATTACHED TO THE LUMBER STORAGE BUILDING AND RETAIL BUILDING BUT DIRECTED AWAY FROM PUBLIC ROADWAY AND NEIGHBORING RESIDENCES, EXCLUDING THE EAST SIDE OF THE LUMBER STORAGE BUILDING. AND THAT THE LIGHTS BE TURNED OFF AT 10:30 P.M. 6. THAT ALL PARKING AND DRIVE AREAS BE HARD-SURFACED. 7. THAT THE ENTIRE PROPERTY COMPLY WITH THE EXISTING SIGNAGE ORDINANCE. 8. THAT APPROXIMATELY 25 PLANTINGS BE PLACED ON THE NORTH SIDE OF THE BUILDING. e 9. THAT THE MAXIMUM HEIGHT OF THE BUILDING BE APPROXIMATELY 25 FEET AND THAT THE BUILDING BE A MAXIMUM OF 150 FEET BY 100 FEET IN SIZE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e e e Page 10 Elk River City Council Minutes September 21. 1987 5.13.Conditional Use Permit/Linda Norha/Public Hearing Mayor Gunkel explained that Linda Norha is requesting a conditional use permit to amend the PUD Agreement on Block 4 of Barrington Place PUD to allow commercial uses in Barrington Place PUD. Planning Commissioner Fuchs stated that the Planning Commission recommended approval of the request with certain uses as listed in the Staff memo dated September 9. 1987. Mayor Gunkel opened the public hearing. There being no comments from the public. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY LINDA NORHA TO ALLOW THE FOLLOWING COMMERCIAL USES ON BLOCK 4 OF BARRINGTON PLACE PUD: PROFESSIONAL OFFICES BUSINESS OFFICES AND PUBLIC BUILDINGS FINANCIAL INSTITUTIONS OUT-PATIENT CLINICS DEPARTMENT STORES RESTAURANTS PERSONAL SERVICE ESTABLISHMENTS RETAIL STORES AND SHOPS BROADCASTING STUDIOS AND FACILITIES WITH NO TOWER CONVENIENCE STORES LIQUOR STORES RETAIL GROCERY STORES NEW RETAIL AUTO PARTS STORES GARDEN CENTER VETERINARY CLINICS HOME APPL IANCE STORES ENCLOSED PRODUCE MARKETS INDOOR THEATER ROLLER RINK LODGE AND FRATERNAL ORGANIZATIONS CAR WASHES SHOPPING CENTERS LAUND ROMATS DRY CLEANERS COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.14.Preliminary & Final Plat Linda Norha Public Hearing Re lat of Block 4. Barrington Place PUD The Building and Zoning Administrator noted that Linda Norha of 730 Dodge Avenue NW is requesting preliminary plat review of a replat of Block 4. Barrington Place PUD to combine the six lots of Block 4 into one lot. Page 11 e Elk River City Council Minutes September 21. 1987 Mr. Rohlf reviewed the City Engineer and Fire Chief's recommendations with the Council. Discussion was held regarding the proposed road to the plat which extends off of Dodge Avenue to Lot 6. Discussion pursued regarding whether it would be beneficial for the City to own this road since it is less than 500 feet in length and the fact that it deadends to Lot 6. Snow removal would be difficult with the deadend situation. Planning Commissioner Kimball indicated that the Planning Commission recommended approval with the stipulations listed in the Staff memo dated September 9. 1987. Mayor Gunkel opened the public hearing. Gary Santwire. representative of Linda Norha. stated that the developers would be happy to own the street privately and would have it added to the Developer's Agreement that they would enter into a private road agreement. and further that the road would be constructed with concrete curb and gutter. Mayor Gunkel closed the public hearing. Councilmember Holmgren indicated street lights should be put in along the road. 4It Councilmembers Tralle and Schuldt both agreed that a private road would be a better situation than the City owning and maintaining the road. COUNCILMEMBER TRALLE MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF BLOCK 4. BARRINGTON PLACE PUD (REPLAT 17) BY LINDA NORHA. TO COMBINE SIX LOTS INTO ONE LOT WITH THE FOLLOWING STIPULATIONS: 1. THAT THE ACCESS BE FROM DODGE AVENUE AND THAT THERE BE NO ACCESS FROM AUBURN PLACE. 2. THAT THE EXISTING GRADING AND DRAINAGE PLANS NOT BE ALTERED. THAT THE ACCESS ROAD FROM DODGE AVENUE BE EQUIPPED CULVERT. WITH A THAT THE PRIVATE ROAD MUST MEET CITY CONCRETE CURB AND GUTTER DESIGN. CONTINGENT UPON CITY ATTORNEY AND RECOMMENDATIONS. CODE AND BE A 9 TON DESIGN WITH AND FURTHER THAT THE ROAD BE CITY ENGINEER REVIEW AND cOUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.15.Administrative Subdivision Request by Roger Eull/Public Hearing e Mayor Gunkel explained that Roger Eull of 18880 Boston Street NW is requesting to combine Lots 1 & 2. Block 7 and also the East 80 feet of the north half of Lot 3. of Block 7. in Westwood Subdivision into one lot. e e e PAGE 12 Elk River City Council Minutes September 21. 1987 The Building and Zoning Administrator explained that Mr. Eull's house straddles lots 1 & 2 of Block 7. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. cOUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY ROGER EULL TO COMBINE LOTS 1 & 2 OF BLOCK 7 AND ALSO THE EAST 80 FEET OF THE NORTH HALF OF LOT 3. BLOCK 7 IN THE WESTWOOD SUBDIVISION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.16.Administrative Subdivision Request by Norman Lemmon/Public Hearing Mayor Gunkel indicated that Mr. Norman Lemmon is requesting to split his father's estate of 11 acres into three lots. and a one acre lot which would be added to his lot. The Building and Zoning Administrator explained that Mr. Lemmon has power of Attorney over the estate of his father. Mr. John Lemmon. He further explained that all lots created would exceed the minimum 2.5 acre lot size requirement and the minimum 200 feet of frontage required. Mayor Gunkel the matter. opened the public hearing. No one appeared for or against Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY NORMAN LEMMON TO SUBDIVIDE A 11 ACRE PARCEL LEGALLY DESCRIBED AS THAT PART OF THE NE 1/4 THAT LIES SOUTH OF COUNTY ROAD 21 EXCEPT THE EASTERLY 10 ACRES THEREOF. ALL IN SECTION 15. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MINNESOTA. INTO 3 LOTS; LOT 1 BEING 4 ACRES. LOT 2. BEING 3 ACRES AND LOT 3 BEING 3 ACRES; LOT 4 TO BE ONE ACRE ADDED TO NORMAN LEMMON'S EXISTING PROPERTY WITH THE FOLLOWING STIPULATIONS: 1. THAT FOUR NEW LEGAL DESCRIPTIONS ARE SUPPLIED TO THE CITY FOR RECORDING PURPOSES. 2. THAT $400 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE TWO ADDITIONAL LOTS CREATED. 3 . THAT THE ONE ACRE PARCEL TO _ BE RETAINED BY MR. NORMAN LEMMON BE ATTACHED TO HIS PROPERTY AND NOT LEFT AS A SEPARATE PARCEL. 4. A COUNTY PERMIT IS REQUIRED FOR THE ADDITIONAL DRIVEWAY ENTERING ONTO COUNTY ROAD /121. 5. THAT 25 FEET BE LEFT BETWEEN THE LOT LINE OF LOTS 2 AND 3 FOR THE EXISTING STRUCTURE AND THAT 85 FEET BE LEFT WITH LOT FOUR. Page 13 e Elk River City Council Minutes September 21. 1987 6. THAT ALL LOTS MEET THE 2 112 ACRE MINIMUM LOT SIZE REQUIREMENT AND THE 200 FOOT MINIMUM FRONTAGE REQUIREMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.17.Administrative Subdivision Request by John Coleman/Public Hearing Mayor Gunkel explained that John Coleman of 20250 Meadowvale Road. Elk River is requesting an administrative subdivision to split an approximately 13 acre parcel of land into two lots. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JOHN COLEMAN FOR PROPERTY LOCATED WITHIN THE W 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 19. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY, MN TO ALLOW A 13 ACRE PARCEL OF PROPERTY TO BE SPLIT INTO TWO PARCELS, THE EASTERN PARCEL BEING APPROXIMATELY 7.5 ACRES AND THE WESTERN PARCEL BEING APPROXIMATELY 5.5 ACRES IN SIZE WITH THE FOLLOWING STIPULATIONS: 1. THAT $200 IN PARK DEDICATION FEES BE PAID TO THE CITY FOR THE EX'l'RA DWELLING SITE THAT WOULD BE CREATED WITH TRIS LOT ~Vb!~1 e 2. THAT TWO NEW LEGAL DESCRIPTIONS FOR THE TWO NEW LOTS CREATED BE SUPPLIED TO THE CITY FOR RECORDING PURPOSES. 3. THAT THE ACCESS FOR THE EASTERN LOT BE ONTO RAWLINS STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.18.Administrative Subdivision Request by Cozy Oaks/Public Hearing Mayor Gunkel explained that the request to subdivide a 17 acre parcel into four lots meets all City requirements but stated that the application was improperly filled out and not signed by the owner. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY COZY OAKS COMPANY TO DIVIDE A 17 ACRE PARCEL INTO FOUR LOTS LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 15. TOWNSHIP 33, RANGE 26. LYING EAST OF HIGHWAY 169. WITH THE STIPULATIONS LISTED IN THE STAFF MEMO DATED SEPTEMBER 17. 1987. AND ALSO WITH THE CONDITION THAT PROOF OF OWNERSHIP BE PROVIDED TO THE CITY PRIOR TO THE RECORDING OF THE PROPERTY. MAYOR GUNKEL SECONDED THE MOTION. THE MOTION TIED 2-2. COUNCILMEMBERS SCHULDT AND HOLMGREN VOTED NAY. e Page 14 e Elk River City Council Minutes September 21. 1987 COUNCILMEMBER TRALLE MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION REQUEST UNTIL THE OWNER OF THE PROPERTY SIGNS THE APPLICATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. At this the plat time Dennis Taylor. land surveyor. noted to the Council that on of M-Vale. Lot 6. Block 1 was not marked as such on the plat. COUNCILMEMBER TRALLE MOVED TO ADD LOT 6. BLOCK 1 TO THE M-VALE PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.19.Administrative Subdivision/Harold Dobel/Public Hearing Mayor Gunkel noted that this item was tabled at the owners request. Mayor Gunkel opened and closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO TABLE THIS ITEM UNTIL FURTHER NOTICE. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.1. Consider Ordinance Amendment authorizing Community Service Officer to Issue Parking Tickets e COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 87-30. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER BY THE ADDITION OF A NEW SECTION 204.08 EMPOWERING THE COMMUNITY SERVICE OFFICER TO ISSUE PARKING TICKETS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Consider Ordinance Amendment Authorizing Animal Warden to Issue Citations COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 87-31. AN ORDINANCE AMENDING SECTION 502.02 OF THE CODE OF ORDINANCES FOR THE CITY OF ELK RIVER AUTHORIZING THE ISSUANCE OF CITATIONS BY THE ANIMAL WARDEN. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE. MOTION CARRIED 4-0. 6.3. Consider Ordinance Amendment to Regulate the Hours of Operation at City Parks COUNCILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 87-32. AN ORDINANCE AMENDING THE CODE OF ORDINANCES ADDING A NEW SECTION 408 REGULATING THE HOURS OF OPERATION AT THE CITY PARK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Consideration of Special Council Meeting date to Consider an Economic Development Authority Ordinance e COUNCILMEMBER SCHULDT MOVED TO HOLD A SPECIAL COUNCIL MEETING ON WEDNESDAY. OCTOBER 7. 1987. AT 6:00P.M. FOR THE PURPOSE OF ADOPING AN ORDINANCE OR RESOLUTION WHICH WOULD CREATE AN ECONOMIC DEVELOPMENT AUTHORITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Page 15 e Elk River City Council Minutes September 21. 1987 6.5. Consideration of Street Department bids for used truck COUNCILMEMBER TRALLE MOVED TO REJECT ALL BIDS AS PER RECOMMENDATION FROM THE STREET SUPERINTENDENT SO AS TO FURTHER EVALUATE THE TRUCKING NEEDS OF THE STREET DEPARTMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Consideration of Liquor Store Improvements Liquor Store Manager. Fritz Dolejs presented the Council with bids received for the Northbound face lift. Discussion took place regarding the improvements to take place. It was the consensus of the Council to authorize the Liquor Store Manager to receive a quote for stuccoing the 2 remaining outside walls of the store. cOUNCILMEMBER TRALLE MOVED TO AWARD THE BIDS FOR THE NORTHBOUND FACE LIFT TO J. HOLME COMPANY FOR THE FOLLOWING PRICES: AWNINGS - $12.852; LETTERING - $700; AND BACK LIGHTING - $1.400 FOR A TOTAL OF $14.950. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO AWARD THE BID FOR STUCCOING TO PETER ROHLf fOR A TOTAL OF $10,802.00. COUNCILMEMBER SCHULDT SECONDED THE M@~i~N. THE MOTION CARRIED 4-0. e COUNCILMEMBER HOLMGREN MOVED THAT LIQUOR STORE EMPLOYEE. BRENT BEHRNS BE MOVED FROM PART TIME STATUS TO FULL TIME STATUS WITH A SALARY OF $6.50/HOUR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. City Administrator Update The City Administrator informed the Council that Staff would be attending a School Board meeting to request part funding for a Juvenile Officer. He informed the Council that Railroad Drive will be receiving an overlay. The City Administrator also gave a brief update on comp worth. city budget and CDC applications. 7. Check Register COUNCILMEMBER TRALLE MOVED TO APPROVE THE CHECK REGI STER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 9. Adjournment There being no further business. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 11:30 p.m. · iLa;:!te~~ (tl~~) Recording Secretary e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLI C LIBRARY MONDAY. SEPTEMBER 28. 1987 Members Present: Mayor Gunkel. Councilmembers Schuldt. Dobel. Holmgren and Tralle I Members Absent: None Staff Present: Patrick Klaers. City Administrator; Terry Maurer. City Engineer; and Stephen Rohlf. Building and Zoning Administrator 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consideration of 9/28/87 City Council Agenda Item 9.3 regarding Lion's Park entrance was added to the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 9/28/87 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consideration of 9/14 and 9/21 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 9/14/87 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 9/21/87 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike There was no one present for this item. 5. Request for use of Jackson Square by Jean Lundberg Jean Lundberg. representative of the Elk River Community Theater. addressed the Council regarding a request to hold a Halloween costume sale for the general public. Ms. Lundberg indicated that hot dogs and beverages would also be sold. The sale will take place on Saturday. October 24. 1987 at 10:00 a.m. to 5:00 p.m. It was the consensus of the City Council to allow the sale to take place in the Jackson Square green space on October 24. 1987. Page 2 City Council Minutes September 28. 1987 e 6.1. Variance Request by Northwestern Bell/Public Hearing Mayor Gunkel indicated that Northwestern Bell is requesting a 4 foot encroachment on the 40 foot rear yard setback to accommodate an addition to the building located at 440 Jackson Avenue NW. Mayor Gunkel indicated that the Planning Commission recommended approval of the request. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUESTED BY NORTHWESTERN BELL TELEPHONE COMPANY TO ALLOW A 4 FOOT ENCROACHMENT ON THE 40 FOOT REAR YARD SETBACK TO ACCOMMODATE AN ADDITION TO THE EXISTING BUILDING LOCATED AT 440 JACKSON AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Variance Request by Dean Bartlow/Public Hearing Mayor Gunkel indicated that Mr. Dean Bartlow is requesting a variance to allow a 50 foot encroachment on th 300 foot setback required from an agricultural building to adjacent residences. e Steve Rohlf. Building and Zoning Administrator indicated that Mr. Bartlow's building has already been started. He noted that Mr. Bartlow did apply for a building permit. however. he started construction prior to picking up the permit. Mr. Rohlf indicated that he has placed a stop order on the building and that as of this time all building has ceased. Mr. Rohlf stated that the size of building Mr. Bartlow intends on building is 5.000 square feet and that he intends to house farm equipment and raise cattle. Mr. Rohlf informed the Council that the only issue to be considered is the variance request involving the'encroachment on the setback. Mayor Gunkel opened the public hearing. Mr..Doug Huberty stated he is a neighbor and indicated his opposition and stated that he would like to see the building moved to the full 300 feet from his home and further indicated a concern he had with drainage. There being no further comments from the public. Mayor Gunkel closed the public hearing. Mayor Gunkel stated her concern regarding the size of the building. e Councilmember Tralle stated that the Planning Commission had recommended denial of the request because the need for a variance was caused by Mr. Bartlow's own action. Councilmember Tralle stated he concurred with the Planning Commission recommendation. He further questioned Mr. Bartlow as to why more work was done on the building after the stop order was issued. Mr. Bartlow stated he did not see the stop order. and that when he did notice it. all work ceased immediately. Page 3 City Council Minutes September 28. 1987 e COUNCIL~ER TRALLE MOVED TO DENY THE VARIANCE REQUESTED BY MR. DEAN BAR'l'LOW TO ALLOW A 50 FOOT ENCROACHMENT ON THE 300 FOOT SETBACK FOR AN AGRICULTURAL BUILDING BECAUSE MR. BAR'l'LOW DID NOT MEET THE 5 NECESSARY STANDARDS REQUIRED FOR GRANTING A VARIANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Councilmember Schuldt questioned whether the building could have been placed some other place on the lot which would not require a variance. had the building not been started. The Building and Zoning Administrator stated there were other areas on the lot to accommodate the building. Councilmember Dobel questioned whether the situation was just a misunderstanding and also questioned the fact that construction continued when there was a stop order on the building. Councilmember Holmgren indicated he could not support the motion on the table due to the fact it appears there was a misunderstanding and that Mr. Bartlow did not encroach on the setback intentionally. and further that it did not make sense to request the building to be moved. THE MOTION CARRIED 3-2. COUNCILMEMBER HOLMGREN AND MAYOR GUNKEL VOTING NAY. e 7.1. Jackson Avenue Public Hearing Terry Maurer. City Engineer. explained that this was a supplemental public hearing to the Jackson Avenue project. He stated that the people notified for this meeting were the people along Jackson Avenue north of School Street. Mr. Maurer explained the project in detail to the public and distributed a hand-out dated 8/7/87 to the public which also thoroughly explained the project. Mayor Gunkel opened the public hearing. Mayor Gunkel stated that Elk River Machine has submitted a letter stating a major concern of spreading the tax base over a greater portion of the City. Tim Baskert questioned where Jackson Avenue connects to Highway 169. Mr. Don Tilleskjor questioned the easements the City will have to acquire and how this will be done. Mr. James Anderson stated his opposition and indicated that the people on Jackson were being burdened unfairly. Rita Walz questioned whether sewer would be run to Jackson Avenue residents. e Page 4 City Council Minutes September 28. 1987 e Mr. Dennis Anderson had a question pertaining to the street assessment. He further questioned whether the road under Jackson Avenue should be destroyed now in case the City should decide to put sewer and water down Jackson Avenue. The City Engineer indicated that if this were the case the sewer and water lines could run in the ditch. Arlys Christeck questioned whether the people whose driveways do not abut Jackson Avenue will be assessed. Mr. Maurer stated they would not be assessed. She also questioned whether sidewalks would be run along Jackson and stated her oppostion to sidewalks. Mayor Gunkel closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 87-55, A RESOLUTION ORDERING THE IMPROVEMENT IN THE MATTER OF THE JACKSON AVENUE IMPROVEMENT OF 1987. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- O. 7.2. Main Street Discussion e COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 87-56. A RESOLUTION UQUES'l'ING A VARIANCE TO THE MUNICIPAL STATE AID REQUIREMENTS. COUNCILMBMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.1. Consider Special Council meeting for Downtown Business Owners Terry Maurer regards to project. He this issue. stated that he had met with the downtown merchants in the Main Street amenities to be added to the Main Street stated a special Council meeting should be held to discuss COUNCILMEMBER TRALLE MOVED TO CALL FOR A SPECIAL COUNCIL MEETING TO BE HELD ON OCTOBER 20, 1987. 7:00 P.M., AT THE ELK RIVER PUBLIC LIBRARY FOR THE PURPOSE OF DISCUSSING DOWNTOWN AMENITIES IN RELATION TO THE MAIN STREET PROJECT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. MIKE MULROONEY. BDS/Presentation regarding Marketing Concepts Mike Mulrooney. the City's Economic Development Consultant. gave a video presentation relating to ideas in terms of marketing Elk River. Mr. Mulrooney also discussed with the Council what other communities and states are doing in the economic development arena. He indicated that the competition is great when trying to seek companies to locate in a certain area. A report from Mike dated 9/24/87 on different components of an overall marketing plan was discussed in detail. 9.2. Recommendation on hiring Sewer Operator e COUNCILMEMBER TRALLE MOVED TO HIRE AUSTIN WHITFORD AS W.W.T.S. OPERATOR AT A SALARY OF $9.36/HOUR WITH A SIX MONTH REVIEW, STARTING 9/30/87. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRI.ED 5-0. Page 5 City Council Minutes September 28. 1987 e 9.3. Discover Elk River - City Booth Councilmember Tralle indicated he would like to see the City participate in "Discover Elk River" by having some type of booth. Discussion pursued regarding the idea of having Elk River pins. & welcome cards. to give away at the booth. It was the consensus of the Council that this would be something the City should participate in. Mayor Gunkel noted the banner used on the wagon train would possibly be available. Councilmember maps located advertising. promoting the Tralle noted that the 4-H is in Sherburne County and has It was the consensus of the City in the 4-H plat map book. putting out a book of plat space in the booklet for Council to place an ad 9.4. Lion's Park The City Administrator indicated that in an attempt to secure an access road for the north parking lot at Lion's Park and to access the Houlton property on the northwest corner of Lion's Park. Staff has been negotiating with Central Luthern Church and Larry Morrell. He indicated Staff has reached a tentative agreement. which is pending Council approval and the Church congregational approval. e The City Administrator explained that the City is willing to offer to pay the Church $.65 per square foot for a strip on their easterly property line 32 foot wide by 400 foot long; an amount equaling $8.320. and that the Church not be assessed for the road construction. He noted that the agreement should also state that the Church can use the City parking lot as overflow for their use and that the lot will be located behind the church in the Lion's Park. He further stated that it should be stated that if the City allows league activities in the park. they do not allow these activities to start until 2:00 p.m. on Sundays. COUNCILMEMBER HOLMGREN MOVED TO PAY CENTRAL LUTHERAN CHURCH $.65 PER SQUARE FOOT FOR A 32 FOOT WIDE STRIP OF LAND ON THE EASTERLY PROPERTY LINE TOTALING 400 FOOT LONG AT A TOTAL PRICE OF $8.320 AND THAT THE FOLLOWING STIPULATIONS BE ADDED TO THE AGREEMENT: 1. THAT CENTRAL LUTHERAN CHURCH BE ALLOWED TO USE THE CITY PARKING LOT AS AN OVERFLOW FOR PARKING AND THAT THE LOT WILL BE LOCATED BEHIND THE CHURCH IN THE LION'S PARK. 2. THAT ANY LEAGUE ACTIVITIES ALLOWED IN THE PARK NOT BE ABLE TO BEGIN UNTIL 2:00 P.M. ON SUNDAYS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e e Page 6 City Council Minutes September 28. 1987 10. Adj ournment There being no further business. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:00 p.m. }j~t1.:;/Nu&-';j (un;) Sandy Thac~eray Recording Secretary