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10-19-1987 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. OCTOBER 19. 1987 Members Present: Mayor Gunkel. Councilmembers Dobel. Holmgren. Schuldt and Tralle Members Absent: None Staff Present: Pat Klaers. City Administrator; Steven Rohlf. Building and Zoning Administrator 1. Pursuant to due call and notice thereof. Mayor Gunkel called the meeting of the Elk River City Council to order at 7:00 p.m. 2. Consideration of City Council Agenda Items 6.4 City Administrator Update; 6.5 - Business Expo; and 6.6 - Utility Commission Update were added to the City Council agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE THE 10/19/87 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5- o. 3. Consideration of City Council Minutes 3.1. 10/5/87 City Council Minutes Councilmember Tralle noted that he would like it noted in the minutes that Cozy Oaks must pay a $600 park dedication fee to the City prior to recording. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 10/5/87 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- O. 3.2. 10/7/87 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 10/7/87 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- O. 4. Open Mike No one appeared before the Council for this item. 5.1.Feasibility Report on Royal Oaks Mayor Gunkel noted that the City has received the feasibility report for Royal Oaks Ridge Addition. Steve Rohlf. Building and Zoning Administrator. noted that Jerry Smith has signed a petition waiving his right to a public hearing and right to appeal the assessments. Page 2 City Council Minutes October 19. 1987 e COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 87-65. A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE ROYAL OAKS RIDGE ADDITION IMPROVEMENT OF 1987. CONTINGENT UPON THE CITY RECEIVING PROOF THAT JERRY SMITH IS THE SOLE OWNER OF THE PROPERTY. AND UPON THE CITY RECEIVING AN ESCROW IN THE AMOUNT OF $15.000 TO COVER THE COST OF PREPARATION OF PLANS AND SPECIFICATIONS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2.Conditional Use Permit Request/Kenneth Nord/Public Hearing Steve Rohlf explained that this item has been tabled indefinitely until the petitioner provides plans and specifications to the City. Mayor Gunkel opened and closed the public hearing. 5.3.Administrative Subdivision/Jerome Takle/Public Hearing Mayor Gunkel indicated that Jerome Takle is requesting an administrative subdivision to combine lots 10 and 11. Block 3. Westwood Subdivision. Mayor Gunkel opened the public hearing. There being no one for or against the item. Mayor Gunkel closed the public hearing. e COUNCILMEMBER REQUESTED BY SUBDIVISION. 5-0. SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION JEROME TAKLE TO COMBINE LOTS 10 AND 11. BLOCK 3. WESTWOOD COUNCILMm1BER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5.4.Administrative Subdivision/William Campbell/Public Hearing Mayor Gunkel administrative two lots. indicated that Mr. William Campbell is requesting an subdivision to split an approximately 10 acre parcel into The Building and Zoning Administrator indicated that the area marked Parcel A on the site plan was at one time thought to be golf course property. however. the property belongs to Mr. Campbell. The Building and Zoning Administrator noted that Mr. Campbell has made arrangements to quit claim this property to the golf course. 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 TO SPLIT A 10 ACRE PARCEL. KNOWN AS THE N 380 FT OF THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE N 1/2 OF THE NE 1/4 OF SECTION 29, TOWNSHIP 33, RANGE 26. INTO TWO LOTS. WITH THE FOLLOWING STIPULATIONS: e 1. THAT PARCEL A BE ATTACHED TO THE GOLF COURSE PROPERTY. 2. THAT $200 IN PARK DEDICATION FEE BE PAID TO THE CITY. Page 3 City Council Minutes October 19. 1987 e 3. THAT THE ROAD EASEMENT ON THE SOUTHERN END OF THE LOTS PROPOSED IN THIS SPLIT BE RETAINED AS AN EASEMENT TO ACCESS PROPERTIES TO THE EAST. 4. THAT THREE LEGAL DESCRIPTIONS BE PROVIDED TO THE CITY FOR RECORDING PURPOSES. 5. THAT PERMITS ARE REQUIRED BY THE COUNTY FOR THE DRIVEWAYS TO ACCESS THE TWO BUILDING SITES CREATED IN THIS SPLIT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5.Administrative Subdivision/John Plaisted/Public Hearing Mayor Gunkel indicated that Mr. Plaisted is requesting an administrative subdivision to split an approximately 15 acre parcel of land from an approximate 160 acre parcel. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JOHN PLAISTED TO SPLIT AN APPROXIMATELY 15 ACRE PARCEL OF LAND FROM A 160 ACRE PARCEL. LOCATED IN THE SW 1/4 OF SECTION 15. TOWNSHIP e 33, RANGE 26. SHERBURNE COUNTY. MINNESOTA. WITH THE FOLLOWING CONDITIONS: 1. THAT NO PARK DEDICATION FEE BE CHARGED. 2. THAT THE 15 ACRE PARCEL REQUIRE SOIL TESTING AND A PERC TEST PRIOR TO BUILDING PERMIT ISSUANCE BECAUSE OF THE AMOUNT OF FILL THAT WILL BE NEEDED TO LEVEL THE LOT. 3. THAT TWO NEW LEGAL DESCRIPTIONS FOR THE TWO NEWLY CREATED PARCELS BE PROVIDED TO THE CITY FOR RECORDING PURPOSES. 4. THAT A 17 FOOT SLOPE EASEMENT IS GRANTED TO THE COUNTY PRIOR TO RECORDING THIS LOT SPLIT. 5. THAT A PERMIT IS ACQUIRED FROM THE COUNTY FOR THE DRIVEWAY TO ACCESS ANY BUILDINGS ON THESE TWO LOTS. COUNCILMEMBER HOLMGREN SECONDED MOTION. THE MOTION CARRIED 5-0. 5.6.Administrative Subdivision/Gerald Smith/Public Hearing Mayor Gunkel noted that this item was tabled due to the petitioner's request. Mayor Gunkel opend and closed the public hearing. e Page 4 City Council Minutes October 19. 1987 e 5.7.Administrative Subdivision/Harold Dobel/Public Hearing Councilmember Dobel left the Council table at this time. Mayor Gunkel indicated that Harold Dobel is requesting an administrative subdivision to split an approximately 2.5 acre parcel from a 60 acre parcel of land. The Building and Zoning Administrator indicated that Mr. John Mooney had entered into a contract for Deed to purchase this 2.5 acres from Mr. Dobel in May of 1984. however. this was not legally split due to the fact that it did not receive Council approval. nor was it recorded. To further complicate the issue. Mr. Mooney was issued a buildng permit for a storage building on the proposed lot in July of 1984. Mr. Rohlf indicated that in October of 1984. the City of Elk River put a moratorium on private roads entering on to gravel roads. Mr. Rohlf explained that a private road would be created with the approval of this administrative subdivision. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. e Councilmember Tralle stated the administrative subdivision should be granted due to the fact that the circumstances have already been created. such as the City issuing a building permit in 1984. He stated it would be unfair to not allow entrance onto land on which a building permit was granted. Councilmember Schuldt indicated he concurred with Councilmember Tralle. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY HAROLD DOBEL TO SPLIT AN APPROXIMATE 2.5 ACRE PARCEL FROM A 60 ACRE PARCEL OF PROPERTY. LOCATED ON THE SW 1/4 OF THE NE 1/4 AND THAT PART OF THE NW 1/4 OF THE SE 1/4 LYING NORTH OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY IN SECTION 30. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MN. WITH THE FOLLOWING STIPULATIONS: 1. THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. DOBEL. MR. MOONEY AND THE CITY OF ELK RIVER. 2. PROOF OF PERMISSION FROM THE RAILROAD BE PROVIDED TO THE CITY FOR THE ADDITIONAL LOT TO BE ACCESSED FROM THE PRIVATE RAILROAD CROSSING. 3. THAT WHEN MR. DOBEL' S PROPERTY IS FURTHER DEVELOPED. THE CITY STREETS BE DESIGNED TO ACCESS THIS LOT ELIMINATING THE PRIVATE DRIVE. 4. THAT THE SOUTH AND WEST PROPERTY LINES REQUIRE SETBACKS AS REQUIRED IN FRONT YARDS. 5. THAT $200 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER. e COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Dobel returned to the Council table at this time. Page 5 City Council Minutes October 19. 1987 e 5.8.Determination of Use/Russ Marty The Building requesting a 5.000 gallon and Zoning Administrator explained that Russ Marty is determination of use in order to allow the placement of a storage tank on his property to store molasses. Duane Kropuenske. Planning Commission Representative. explained that the Planning Commission recommended that this type of storage could be allowed as an accessory use for Mr. Marty's feed store. He indicated that the Planning Commission discussed the appearance of Mr. Marty's building and the fact that it was to be cleaned up as per a previous Council decision. Mr. Marty had indicated to the Planning Commission that he was in the process of complying to the previous set of conditions set by the City Council. Discussion was held regarding the possible hazard to the tank or someone let the molasses run out. that the flow valve would be inside the building. if vandalism were done Mr. Kropuenske stated City Administrator. Pat Klaers. stated that setbacks of the location of the tank should be looked into. The Building and Zoning Administrator indicated he would check the City Code regarding setbacks for the storage tank. e It was the consensus of the City. Council to allow the 5.000 gallon storage tank of molasses on Mr. Marty's property as an accessory use. 5.9.Determination of Use/Franklin Sign Company Mayor Gunkel indicated that Mr. Franklin of Franklin Signs is requesting a determination of use as to whether or not the signs referenced in the City Ordinance. Section 900.22(c). are allowed in C-3B and C-4 zoned areas. Planning Commission Representative Kropuenske stated that the Planning Commission recommended that the use should not be determined until the new sign ordinance is completed. It was the cosensus of the City Council to not make a decision on the use until such time that the new sign ordinance is completed. 5.10.Variance Request/Ronald Ray/Public Hearing Mayor Gunkel explained that Mr. Ronald Ray is requesting a variance to the side yard setback in an A-1 zone to accommodate a carport. and that Mr. Ray is also requesting a 1.176 square foot variance on the 1.000 square foot maximum size of an accessory building. Steve Rohlf explained that Mr. Ray is proposing to attach a carport to two existing garages. therefore. combining all three structures which e would make a total of 2.176 square feet. Page 6 City Council Minutes October 19. 1987 e The Building and Zoning Administrator explained that Mr. Ray indicated there was no other alternative location for his carport due to the limitations set by the peat on the south end of his property. and because of the location of existing buildings and setbacks. He also noted that the 7' encroachment on the side yard setback had been previously established when he erected the existing 16' by 48' garage and that this was done under County jurisdiction. Mary Temple. Planning Commission Representative. indicated that the Planning Commission recommended approval of the variance request due to the limitations set on the property. and that because the structure would not be encroaching on the sideyard setback any further than the existing structure. and further that this is the best location for the carport. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Mayor Gunkel indicated that she could not vote in favor of the size variance because other similar requests have been denied. The Building and Zoning Administrator indicated this situation was different in that the building could stand alone if there were another location to put the carport. ~ COUNCILMEMBER DOBEL MOVED TO APPROVE THE SIZE VARIANCE TO ALLOW A CARPORT TO BE BUILT CONNECTING TWO EXISTING GARAGES CREATING A 2.176 SQUARE FOOT BUILDING. AND THE 7' ENCROACHMENT ON THE 25' SIDE YARD SETBACK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-1. MAYOR GUNKEL VOTED NAY. S.11.Variance Request/Terry McLean/Public Hearing Mayor Gunkel indicated that Terry McLean was requesting a variance of 10 feet to the 20 foot side yard setback requirement in order to put an addition on their house. Planning Commission Representative Temple indicated that the Planning Commission recommended approval of the request because similar variances have been granted in the past~ 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 10 FOOT SIDE YARD VARIANCE REQUESTED BY TERRY MCLEAN FOR PROPERTY LOCATED ON LOT 4. SIPPI HEIGHTS ADDITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Page 7 City Council Minutes October 19. 1987 e 5. 12.0rdinance Amendment Request by Bridgestone Enterprises/Public Hearing Mayor Gunkel amendment to manufactured noted that allow the structures Mr. sale within John Taggart is requesting an ordinance and display of manufactured homes and a C-3B/Highway Commercial zoned district. Planning Commission Representative Kropuenske indicated that the Planning Commission voted in favor of the request. He indicated that Mr. Taggart explained to the Commission that there would only be one model on display. Other units on-site would be units which have been sold and are waiting for financing to be completed. The Planning Commission did not feel this operation would be similar to a mobile home sales lot. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Mayor Gunkel expressed her concern with this type of use in regards to highway frontage. She felt this use would be more of an industrial use. Mayor Gunkel indicated she would like to see this item tabled until such time that the Growth Management Plan Task Force presents a plan to the Council in regards to industrial and commercial space in Elk River. e Councilmember Tralle indicated he would be opposed to the request because offices and the outside storage of manufactured homes is a permitted use in the I-2 zone. and further indicated that he saw this as an industrial use. COUNCILMEMBER TRALLE MOVED TO DENY THE ORDINANCE AMENDMENT TO ALLOW THE SALE AND DISPLAY OF MANUFACTURED HOMES AND MANUFACTURED STRUCTURES IN A C-3B/HIGHWAY COMMERCIAL ZONE. COUNCILMEMBER DOBEL SECONDED THE MOTION. Councilmember Schuldt indicated he concurred with Councilmember Tralle and further stated that he was concerned about the highway frontage. THE MOTION CARRIED 5-0. 5.13.Conditional Use Permit To Allow Mobile Home Sales in C-3B Zone Public Hearing Mayor Gunkel indicated that this item would not be discussed due to the fact that the previous item was denied. 5.14.Conditional Use Permit/Commercial Dog Kennel/Grace Ostein/Public Hearing Mayor Gunkel indicated that Mrs. Grace Ostein is requesting a conditional use permit to operate a commercial dog kennel in an A-1/Agricu1tural zoned district. e The Building proposed dog concern of the has addressed and Zoning Administrator explained the details of the kennel. Mr. Rohlf noted that the noise level was a major Planning Commission. Mr. Rohlf explained that Mrs. Ostein the noise level by allowing for concrete block dog houses. e Page 8 City Council Minutes October 19. 1987 Planning Commission Representative Kropuenske indicated that the Planning Commission denied the request because the area is residential in nature and because a kennel would affect surrounding property values. Mrs. Ostein indicated that agricultural. She further agricultural zones. she owns 20 indicated that acres of land which is zoned kennels are allowed in Mayor Gunkel opened the public hearing. Mr. Bob Nelson stated he lives on Concord Avenue and is opposed to the situation because of the noise. Duane Kropuenske addressed the Council as a citizen and stated his opposition to the request due to the effect this would have on surrounding property values. Mr. Bob Nelson indicated he would like to see the Council be very specific in the specifications if the conditional use permit is granted. Councilmember Tralle indicated he would vote in favor of the kennel because of the fact that a kennel is permitted as a conditional use in an agricultural zone. e Mayor Gunkel closed the public hearing. e COUNCILMEMBER TRALLE MOVED TO GRANT A CONDITIONAL USE PERMIT TO GRACE OSTEIN WHICH ALLOWS THE OPERATION OF A KENNEL ON PROPERTY LOCATED IN THE E 1/2 OF THE NW 1/4 OF THE SE 1/4 IN SECTION 17. TOWNSHIP 33. RANGE 26, SHERBURNE COUNTY. MN. WITH THE FOLLOWING CONDITIONS: 1. THAT A 4' BY 4' SIGN ATTACHED TO THE FRONT ENTRANCE GATE AS INDICATED ON THE SITE PLAN BE ALLOWED. 2. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN ONE YEAR AND THAT ADDITIONAL CONDITIONS MAY BE SET AT THE TIME OF REVIEW IF DEEMED APPROPRIATE OR NECESSARY. 3. THAT A SEPARATE SEPTIC SYSTEM FOR THE KENNEL BE PROVIDED. 4. THAT THE OUTDOOR AREA FOR THE DOGS BE COMPLETELY ENCLOSED WITH A 6 FOOT CHAIN LINK FENCE. 5. THAT THE FENCED AREA HAVE A MINIMUM SETBACK REQUIREMENT OF 300 FEET FROM THE NEAREST NEIGHBORING RESIDENCE. 6. THAT NORMALLY THE DOGS ARE KEPT INSIDE THEIR HOUSES FROM DUSK TO DAWN. AND ALSO THAT THE DOG HOUSES BE INSULATED FOR SOUND PROOFING AND MECHANICALLY VENTILLATED. AND THE DOORS MUST BE GUILLOTINE TYPE DOORS. 7. THAT THE BARKING OF THE DOGS BE CONTROLLED TO LESS THAN 5 MINUTES. Page 9 City Council Minutes October 19. 1987 e 8. THAT THE CONDITIONAL USE PERMIT ALLOW A MAXIMUM OF 21 KENNEL RUNS. 9. THAT A CITY KENNEL LICENSE AND PERMIT BE OBTAINED BY THE PETITIONER. 10. THAT THE KENNEL AND MAINTENANCE OF THE ANIMALS COMPLY WITH THE CITY ORDINANCE INCLUDING SANITATION. 11. THAT THE KENNEL BE SUBJECT TO INSPECTIONS BY CITY STAFF AT REASONABLE TIMES AND INTERVALS. 12. THAT NO DOGS BE ALLOWED UNTIL THE DWELLING IS COMPLETE AND OCCUPIED. 13. THAT A FULL TIME ATTENDANT BE ON SITE AT THE TIME THE BOARD ING OF ANIMALS BEGINS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.15.Signage Request by Barthel Construction Mayor Gunkel indicated that Barthel Construction is requesting signage approval for two of the three buildings associated with Elk River Plaza 3rd Addition. The Council first discussed the sign proposed for the Barthel Realty World office building. e Duane Kropuenske indicated that the Planning Commission recommended that the freestanding sign be lowered in height and that there be no changeable copy. Dave Wolff representing Barthel Realty presented the Council with a new version of the freestanding sign which is 9 feet high and is not a changeable copy. Mr. Wolff expalined that the wall mounted sign will be 32 square feet. Councilmember Tralle indicated that the location of the sign should not be in an area so as to block the vision of traffic. It was indicated that the location of the sign would be approved by City Staff. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE SIGNAGE REQUEST AS PER THE SITE PLAN FOR BARTHEL REALTY WORLD OFFICE BUILDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council discussed the sign request for the proposed car wash. It was indicated that two of the signs will be wall mounted and are about 48 square feet each and the third sign is a free standing sign of 5.5 feet in height and about 40 square feet in size. Duane Kropuenske indicated that the Planning Commission recommended approval of the sign request. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE SIGNAGE REQUEST FROM BARTHEL REALTY FOR THE CAR WASH TO INCLUDE TWO WALL MOUNTED SIGNS OF ABOUT 48 SQUARE FEET EACH AND A FREE STANDING SIGN OF 5.5 FEET IN HEIGHT AND ABOUT 40 SQUARE FEET IN SIZE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 10 City Council Minutes October 19. 1987 e 5. 17.Preliminary and Final Plat Review of Replat #6 in Barrington Place PUD/ Pub lic Hearing Mayor Gunkel indicated that the Urban Land Corporation is requesting preliminary and final plat review of of Replat #6 in Barrington Place PUD. Mr. Walter Kocemba was present representing the Urban Land Corporation. Mr. Kocemba indicated that he is proposing to develop the area into quad homes with tuck under garages. Planning Commission Representative Temple reviewed the Planning Commission concerns to the Council. which are listed in the Staff memo dated October 14. 1987. and indicated that the Planning Commission recommended approval of the plat. Mayor Gunkel opened the public hearing. Larry Toth questioned why the Planning Commission did not feel screening would be necessary. George Deschene indicated that there is garbage on the site and that the garbage blows into his yard. Mayor Gunkel closed the public hearing. e COUNCILMEMBER TRALLE MOVED APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF REPLAT #6. BARRINGTON PLACE PUD. AS REQUESTED BY URBAN LAND CORPORATION. WITH THE FOLLOWING STIPULATIONS: 1. THAT A FENCED IN PLAY AREA. WITH THE LOCATION TO BE DETERMINED BY STAFF. BE PROVIDED IN LIEU OF THE $400 PARK DEDICATION FEES FOR THE TWO UNIT INCREASE ON BLOCK 2. 2. THAT NO DEVELOPERS AGREEMENT BE REQUIRED. 3. THAT ONE OFF-STREET PARKING STALL AND ONE COVERED PARKING AREA BE PROVIDED FOR EACH UNIT. 4. THAT THE DRIVES WITHIN THE PLAT BE A MINIMUM OF 15 FEET IN WIDTH. AND THAT THREE OF THE DRIVES ENTERING ONTO 6TH STREET BE ELIMINATED. 5. THAT NO SCREENING ON THE NORTH SIDE OF THE PLAT BE REQUIRED. 6. THAT THERE BE A LETTER OF CREDIT HELD UNTIL COMPLETION OF THE MAIN ROADS AND THAT THE REMAINING ROADS IN THE PLAT BE COMPLETED AT TIME OF INDIVIDUAL OCCUPANCY. AND FURTHER THAT THE CERTIFICATE OF OCCUPANCY SPECIFY THE COMPLETION OF ROADS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5. 18. Preliminary and Final Plat Review of Replat #8 in Barrington Place PUD Public Hearing e e e Page 11 City Council Minutes October 19. 1987 Mayor Gunkel indicated that preliminary and final plat PUD. Mr. Walter Kocemba was Corporation. the Urban Land Corporation is requesting review of Replat #8 in the Barrington Place present representing the Urban Land The Building and Zoning Administrator indicated that the proposal is for four. four-plexes. He indicated that what was originally planned was 8 duplexes. Commissioner Kropuenske indicated that the Planning Commission recommended approval of the plat with certain conditions. Discussion was held regarding the escrowing of funds to assure that the roads will be completed in the spring. Mr. Kocemba stated he would prefer not to develop the roads prior to the duplexes being completed because the sewer line will be under the road. Mayor Gunkel opened the public hearing. Larry Toth spoke regarding the plat as it is proposed and as it was originally planned. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF REPLAT /18. BARRINGTON PLACE PUD AS REQUESTED BY URBAN LAND CORPORATION, WITH THE FOLLOWING STIPULATIONS: 1. THAT NO PARK DEDICATION FEE BE REQUIRED. 2. THAT THE CONCERNS ON EASEMENTS ADDRESSED IN MR. MAURER'S LETTER BE INCORPORATED IN THE PLAT. 3. THAT NO DRIVE WITHIN THE PLAT BE LESS THAN 15 FEET IN WIDTH. 4. THAT THERE BE A LETTER OF CREDIT HELD UNTIL COMPLETION OF THE MAIN ROADS AND THAT THE REMAINING ROADS IN THE PLAT BE COMPLETED AT TIME OF INDIVIDUAL OCCUPANCY. AND FURTHER THAT THE CERTIFICATE OF OCCUPANCY SPECIFY THE COMPLETION OF THE ROADS. 5. THAT NO SCREENING BE NECESSARY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Page 12 City Council Minutes October 19. 1987 5.16.Preliminary Plat Review of Barrington Hills/Linda Norha/Public Hearing Mayor Gunkel indicated that Linda Norha is requesting preliminary plat review of Barrington Hills. Mr. Rohlf reviewed the plat with the Council and indicated that all lots meet minimum acreage and frontage requirements. Gary Santwire was present representing Mrs. Norha. Commissioner Temple indicated that the Planning Commission recommended approval of the plat with certain conditions. Mayor Gunkel opened the public hearing. Larry Toth questioned why the outlot on the map was considered an outlot. There being no one else speaking from the public. Mayor Gunkel closed the pub lic hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE PRELIMINARY PLAT OF BARRINGTON HILLS AS REQUESTED BY LINDA NORHA WITH THE FOLLOWING STIPULATIONS: 1. THAT THE WATER SERVICE TO THE PROPOSED PLAT BE A 6 INCH SYSTEM AND APPROVED BY THE CITY ENGINEER. 2. THAT THE ROAD THROUGH THE COMMERCIAL AREA BE 36 FEET WIDE WITH CONCRETE CURB. :3. THAT THE RESIDENTIAL PORTION OF THE PROPOSED ROAD BE 32 FEET WIDE WITH CONCRETE CURB AND GUTTER BUILT TO A 7 TON DESIGN. 4. THAT THE PROPOSED CUL-DE-SAC HAVE A 40 FOOT RADIUS TARRED AREA. 5. THAT A DEVELOPERS AGREEMENT IS ENTERED INTO IN REGARDS TO THE PLAT. 6. THAT A LETTER OF CREDIT IS ESTABLISHED FOR THE IMPROVEMENTS THAT WOULD BE ACCEPTED BY THE CITY. 7. THAT DETAILED PLANS FOR SEWER. WATER. GRADING. STREET LIGHTS. DRAINAGE. AND ROAD CONSTRUCTION BE SUPPLIED TO THE CITY FOR REVIEW PRIOR TO FINAL PLAT APPROVAL. 8. THAT THE NAME OF THE PROPOSED STREET BE 8TH STREET. 9. THAT THERE BE TWO ADDITIONAL FIRE HYDRANTS ADDED TO THE PLAT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 13 City Council Minutes October 19. 1987 e 6.1.Consideration of full time employment for Dave Hurd/Police Dept. COUNCILMEMBER HOLMGREN MOVED TO HIRE DAVE HURD AS A PERMANENT FULL TIME POLICE OFFICER <#10) EFFECTIVE OCTOBER 19, 1987. WITH A STARTING SALARY OF $9. 07/HR. AND A ONE YEAR PROBATION PERIOD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2.Consideration of Gambling License/Zimmerman Fire Department The Council reviewed a request for a gambling license from Zimmerman Fire Department to sell pull tabs at Elk River Bowl. The City Administrator explained that it has been the past practice of the City to only allow local organizations to sell pull tabs in Elk River. He stated that this assures that the funds will be spent on local activities. COUNCILMEMBER SCHULDT MOVED TO DENY THE ZIMMERMAN FIRE DEPARTMENT TO SELL PULL COUNCILMEMBER HOLMGREN SECONDED THE MOTION. GAMBLING LICENSE REQUEST BY TABS AT ELK RIVER BOWL. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY STAFF TO DRAFT A FORMAL POLICY THAT WOULD FOLLOW PAST PRACTICE WHICH ALLOWS ONLY LOCAL ORGANIZATIONS TO HAVE GAMBLING LICENSES WITHIN THE CITY OF ELK RIVER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 6.3.Calling of a Special City Council Meeting COUNCILMEMBER HOLMGREN MOVED TO HOLD A SPECIAL CITY COUNCIL MEETING ON THURSDAY. NOVEMBER 5. 1987. FOR THE PURPOSE OF FINALIZING THE 1988 CITY BUDGET AND DISCUSSION OF THE COMMUNITY DEVELOPMENT COORDINATOR POSITION. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4.City Administrator Update The City Administrator explained that Officer Brian Vita will be moving from Police Officer to Juvenile Officer. therefore. creating the need for Officer /112. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE ESTABLISHMENT OF POLICE OFFICER /112. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was noted' by the Council that after Officer #11 was hired later in 1987. that the Police Chief would be using temporary part time officers until the Council decides to hire Officer #12. The City Administrator indicated that St. Andrew's church is requesting additional street lighting. e It was the consensus of the Council that if the Utilities General Manager determines that it is appropriate to have a street light put up. it shall be charged against the City's account. Page 14 City Council Minutes October 19. 1987 e The City Administrator discussed the entrance into Morrell's property off of School Street. COUNCILMEMBER DOBEL MOVED THAT A 24 FOOT WIDE ENTRANCE BE ALLOWED OFF OF SCHOOL STREET INTO MORRELL'S PROPERTY AND THAT NO EXPENSE FOR SUCH ENTRANCE SHALL BE INCURRED TO THE CITY. AND THAT THE EXACT LOCATION SHALL BE DETERMINED BY THE CITY ENGINEER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council also expressed its desire to have Mr. Morrell make more of an effort to clean up his property and make it less of an "eye sore" in the Community. 6.5.Business Expo/Mayor Gunkel Mayor Gunkel discussed the upcoming event of Business Expo. Councilmember Schuldt volunteered to prepare a booth for the City Council. COUNCILMEMBER TRALLE MADE A MOTION TO PAY EXPENSES FOR MAYOR GUNKEL TO ATTEND A MINNESOTA MAYORS CONFERENCE. COUNCILMEMBER HOLMGEREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6.Utilities Commission Meeting Update ~ Councilmember Tralle updated the Council on the last Utility Commission meeting. He stated that the Commission had voted to give the City $72.000 as payment in lieu of taxes. 7. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGI STER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Adjournment There being no further business. COUNCILMEMBER TRALLE MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5- o. The meeting of the Elk River City Council adjourned at 11:30 p.m. c)~~ Sandy Thackeray ~ Recording secretary;' e