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11-16-1987 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY. NOVEMBER 16. 1987 Members Present: Mayor Gunkel. Councilmembers; Schuldt and Holmgren Members Absent: Councilmembers; Tralle and Dobel Staff Present: Stephen Rohlf. Building & Zoning Administrator. Patrick Klaers. City Administrator 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Gunkel. 2. Consider 11/16/87 City Council Agenda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 11/16/87 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Consideration of 10/20/87 City Council Minutes It noted the on page 3. under trash receptacles. it should state: "The Mayor indicated that it is the City's revised estimate. which eliminated overhead charges. the the total cost for trash receptacles would be $11.500. and ..." COUNCILM!NBER HOLMGREN MOVED TO APPROVE THE 10/20/87 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Consideration of 10/22/87 City Council Minutes It was stated by the Council that the cost of the print discussed on page 2 should be $85.00 instead of $75.00. COUNCILMEMBER AS AMENDED. PASSED 3-0. SCHULDT MOVED TO APPROVE THE 10/22/87 CITY COUNCIL MINUTES COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION Consideration of 11/2/87 City Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 11/2/87 MINUTES AS SUBMITTED. COUNCIL MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5.1 Administrative Subdivision by Mr. Floyd Kruse/Public Hearing Mayor Gunkel stated that Mr. Floyd Kruse is requesting an administrative subdivision to divide approximately 19 acres into four lots within a C-3A/Highway Commercial zone. Page 2 City Council Minutes November 16. 1987 e The Mayor went on to say that this administrative subdivision would leave Dino's Pizza and Reverview Sports buildings only 10 ft. from the newly created side lot line between them. Therefore. Mr. Kruse is requesting a 10 ft. encroachment on the 20 ft. side yard setback required in a C3-A/Highway Commercial zone for both buildings. It was also decided that the variance and administrative subdivision on this parcel would be discussed together. Stephen Rohlf. Building & Zoning administrator stated that he is recommending approval of this administrative subdivision and variance request with the stipulations stated in his memos dated November 2. 1987. Robert Morton. representative of the Planning Commission. stated that at the last Planning Commission meeting. they reviewed the variance request. and that they felt it was a valid request as it met the standards for a variance. He also stated that the Planning Commission voted unanimously for the approval. Mayor Gunkel opened the public hearing at this time. There being no one for or against this matter. Mayor Gunkel closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION BY FLOYD KRUSE TO DIVIDE APPROXIMATELY 19 ACRES INTO FOUR LOTS WITHIN C3-A/HIGHWAY COMMERCIAL ZONE WITH THE FOLLOWING STIPULATIONS: 1. THAT NO PARK DEDICATION FEE BE ASSOCIATED WITH THESE COMMERCIAL LOTS. 2. DINO'S PIZZA. RIVERVIEW SPORTS. AND RIVERVIEW AUTO ALL HAVE THEIR OWN WELL AND SEPTIC SYSTEM BY ONE YEAR FROM TODAY (11/16/88). 3. THAT FOUR NEW LEGAL DESCRIPTIONS BE PROVIDED TO THE CITY FOR THE FOUR PARCELS CREATED IN THIS LOT SPLIT FOR RECORDING PURPOSES. 4. THAT THE LOT LINE BETWEEN DINO' S PIZZA AND RIVERVIEW SPORTS BE CONTINGENT UPON THE VARIANCE BEING GRANTED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.2 VariaEce~~uest by Mr. Floyd Kruse/Public Hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUEST BY MR. FLOYD KRUSE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.3 Administrative Subdivision Request by Richard Hinkle/Public Hearing. Mayor Gunkel administrative three parcels. stated that Mr. Richard Hinkle is requesting an subdivision to split an approximately 28 acre parcel into e Stephen Rohlf. Building & Zoning Administrator stated that staff is recommending approval of this administrative subdivision as the request and application meets City requirements. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. e e e Page 3 City Council Minutes November 16. 1987 COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION BY RICHARD HINKLE TO DIVIDE APPROXIMATELY 28 ACRES INTO THREE PARCELS WITH THE FOLLOWING STIPULATIONS: 1. THAT $400.00 IN PARK DEDICATION FEE BE PAID TO THE CITY FOR THE TWO NEWLY CREATED BUILDING SITES. 2. THAT ALL THREE LOTS HAVE AT LEAST 200 FEET OF FRONTAGE ASSOCIATED WITH THEM AND 2.5 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY. 3. THAT THE NEWLY CREATED LOT LINES ARE SITIJATED TO MEET SETBACKS FROM THE EXISTING BARN SO THAT A VARIANCE SITUATION IS NOT CREATED. 4. THAT PERMITS FOR DRIVEWAYS ARE REQUIRED FROM THE COUNTY ENGINEERING DEPARTMENT. 5. THAT 7 FT. OF ADDITIONAL EASEMENT IS DEDICATED TO THE COUNTY ALONG COUNTY ROAD /132. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.4 Administrative Subdivision by Elizabeth Bigelow/Public Hearing Mayor Gunkel stated that Mrs. Elizabeth Bigelow of Elk River is requesting an administrative subdivision to split an approximately 12 acre parcel off from an 80 acre parcel to accommodate a building site. Stephen Rohlf. Building & Zoning Administrator stated that staff recommends approval of this administrative subdivision to the Council as the request and application meets City requirements. Mayor Gunkel opened the public hearing at this time. There being no one for or against this matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION TO SPLIT AN APPROXIMATELY 12 ACRE PARCEL OFF FROM AN 80 ACRE PARCEL TO ACCOMMODATE A BUILDING SITE WITH THE FOLLOWING STIPULATIONS RECOMMENDED BY THE STAFF: 1. THAT $200 IN PARK DEDICATION FEE BE PAID FOR THE ADDITIONAL LOT CREATED IN THIS SPLIT. 2. THAT BOTH LOTS HAVE AT LEAST 200 FT. OF FRONTAGE ALONG TROTT BROOK. 3. THAT TWO NEW LEGAL DESCRIPTIONS ARE PROVIDED TO THE CITY FOR THE TWO LOTS CREATED IN THIS SPLIT FOR RECORDING PURPOSES. 4. THAT A PERMIT IS REQUIRED FROM THE COUNTY FOR THE DRIVEWAY TO ACCESS THE SMALLER LOT. THE COUNTY ENGINEERING DEPARTMENT HAS INDICATED THAT NO ADDITIONAL EASEMENT IS REQUIRED ALONG COUNTY ROAD 13. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. Page 4 City Council Minutes November 16. 1987 e 5.5 Administrative Subdivision Request by Warren K1ug/Public Hearing Mayor Gunkel stated that Mr. Warren Klug is requesting an administrative subdivision to combine two lots into one. Stephen Rohlf. Building & Zoning Administrator. stated that staff is recommending approval of this request to the Council as the request and application meets City requirements. Mayor Gunkel opened the public hearing at this time. There being no one for or against this matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION BY MR. WARREN KLUG TO COMBINE TWO LOTS INTO ONE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 5.6 Conditional Use Permit Request by Stoffel Reitsma/Public Hearing Mayor Gunkel stated that Mr. Stoffel Reitsma is requesting a conditional use permit to allow a kennel for up to twelve dogs. e Planning Commissioner recommended approval stipulations stated. Robert Morton stated that the Planning Commission of this conditional use permit with the twelve Mr. Stoffel Reitsma stated that Mr. & Mrs. Vandenberge that live on the 40 acres behind them did object to this because of the noise problem that they feel would be created by the dogs. They also stated that this would decrease the value of their property if they ever wanted to divide it into smaller lots and sell them. Mr. Reitsma also stated that if there was going to be a noise problem that he and his wife would be the first ones to know it because they are the closest to the kennel. He further stated they would correct the problem as soon as it occurred. One of the ways Mr. Reitsma stated that they could corredct the problem is by modifying an existing building already on the site and house the dogs inside. He stated that he would rather modify the existing building rather than have to build a new one. Mayor Gunkel Vandenberges stated stating that the council received two letters from the their disagreement on this conditional use permit. Mayor Gunkel opened the public hearing. There being no one for or against this matter. Mayor Gunkel closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED STOFFEL REITSMA TO ALLOW A FOLLOWING STIPULATIONS: TO APPROVE KENNEL FOR THE UP CUP REQUEST BY MR. TO TWELVE DOGS WITH THE 1. A ONE YEAR REVIEW OF THIS CUP WITH THE STIPULATION THAT ADDITIONAL CONDITIONS CAN BE SET UPON IT AT THAT TIME IF NEEDED. e e e Page 5 City Council Minutes November 16. 1987 2. THAT THE OUTDOOR AREA FOR THE DOGS BE COMPLETELY ENCLOSED WITH A 6 FT. HIGH CHAIN LINK FENCE. 3. THAT THE FENCED AREA SHOLD HAVE A 300' SETBACK REQUIREMENT FROM THE NEAREST NEIGHBORING RESIDENCE. 4. THAT MR. REITSMA CONTROL THE BARKING OF HIS DOGS TO LESS THAN FIVE MINUTES. S. THAT THIS PERMIT ALLOWS A MAXIMUM OF NO MORE THAN TWELVE DOGS OVER 6 MONTHS OF AGE. 6. THAT A CITY KENNEL LICENSE AND PERMIT BE OBTAINED BY THE PETITIONER. 7. THAT THE KENNEL AND MAINTENANCE OF THE ANIMALS COMPLY WITH THE CITY ORDINANCE INCLUDING SANITATION. 8. THAT THE KENNEL BE SUBJECT TO INSPECTIONS BY CITY STAFF AT REASONABLE TIMES AND INTERVALS. 9. THAT THERE BE ONE KENNEL RUN PER DOG TO AVOID FIGHTING. 10. THAT A NEW BUILDING BE ERECTED OR THE EXISTING BUILDING ON THE PROPERTY BE MODIFIED FOR THE DOGS; INSULATED FOR SOUND PROOFING AND MECHANICALLY VENTILATED OR THE DOGS BE SURGICALLY DEBARKED TO CONTROL NOISE. 11. THAT THE DOGS BE KEPT INSIDE THIS SOUND PROOFED BUILDING FROM 10:00 P.M. TO 6:30 A.M. AND ALSO WHEN NO ONE IS ON SITE TO CONTROL THEM IF NOT DEBARKED. 12. THAT THERE BE NO ADDITIONAL DOGS UNTIL THIS BUILDING IS COMPLETED. 13. THAT NO DOGS BE BOARDED OR GROOMED ON THIS SITE THAT ARE NOT OWNED BY THE PETITIONERS EXCEPT FOR STUD SERVICE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. ADMINISTRATIVE ITEMS At this time. Cliff Lundberg was present to represent the Central Business District (CBD) property owners. Mr. Lundberg discussed with the Council some possible ways to assess the downtown beautification project in a fair manner. Mr. Lundberg stated that some of the possibilities for assessments were: 1. 2. 3. By square footage of each lot within the CBD. Based on the assessed value of each building within the By square footage of the area of buildings which business purposes. By some type of a "layer" street which was improved businesses not directly on CBD. are used for 4. effect whereas the businesses along the received a higher assessment than the improved street but within the CBD. e e e Page 6 City Council Minutes November 16. 1987 Mayor Gunkel stated that absent from this list is assessment based on front footage which would assess only property owners along the streets that are to be improved. This method could be used in conjunction with the "layered" method mentioned by Mr. Lundberg whereas property owners further from the actual improvement would receive a lower assessment than the property owners along the improved street. Mr. Lundberg stated that most of the property owners within the CBD prefer to be assessed on an area wide basis and that each business should be assessed a similar amount. Mr. Lundberg also indicated the concern of the CBD property owners that all sites that are used in a commercial nature be included within the district and that the district not be cut off by Lowell Avenue on the west but extend further to include houses that are used in a commercial nature. Mr. Lundberg suggested that by using a combination of the methods listed above. that a fair and equitable manner of assessing the proposed improvements could be acheived. Council indicated that input on assessment methods would be obtained from the City Attorney and the City Engineer prior to the public hearing on this issue on 12/7/87. The Council also thanked Mr. Lundberg for his input on behalf of the CBD property owners. 6.1 Consideration of Pedestrian Crossing Flashers on School Street Mayor Gunkel reviewed with the City Council a memo from Street/Park Superintendent. Phil Hals. which discussed the purchase and installation of signalized flashers at two locations on School Street. The memo also discussed the installation of a sidewalk to funnel the children toward the flashing signals. The signals are being requested at the Irving Avenue and Gates Avenue intersections with School Street. The Mayor indicated that this request originated when School Street was reconstructed in 1981 and that the request has somehow gotten lost in the shuffle. The proposed sidewalk Freeport Avenue. The third signal as this proximity to the flasher is a replacement for a requested third signal at sidewalk is proposed as an alternative to this was viewed as a traffic hazard because of its at Gates Avenue. The and each City Administrator indicated that no precise amount for the purchase installation for the flashers were available at this time. but that would be approximately $4.200.00. City Administrator also indicated that the materials and labor for the sidewalk would cost in the $2.000.00 range. Mr. Hals memo and the City Administrator both suggested to the Council that school participation for the funding of these flashing signals be requested. The City Administrator indicated that the City's portion of this project would be financed through either the Capital Projects Fund or MSA Funds. if eligible and available. e e e Page 7 City Council Minutes November 16. 1987 The City Administrator indicated that the issue before the Council is not to eliminate or reduce the school patrol system but to improve the safety for children crossing these busy intersections on School Street. and that the City is responding to a request from the school. COUNCIL MEMBER SHULDT MOVED TO APPROVE THE PURCHASE AND INSTALLATION OF FLASHING CROSSWALK SIGNALS ON SCHOOL STREET AT IRVING AVENUE AND GATES AVENUE, AND ALSO THE 1988 INSTALLATION OF A SIDEWALK ON THE SOUTH SIDE OF SCHOOL STREET BETWEEN FREEPORT AVENUE AND GATES AVENUE. AND THAT THE CITY SHOULD SEEK FINANCIAL PARTICIPATION FROM THE SCHOOL DISTRICT FOR AT LEAST HALF OF THE COST FOR A SIGNALIZED CROSSWALK FLASHER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Check Register COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGI STER AS SUBMITI'ED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Other Business Police Officer PERA Participation Resolution COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 87-68 APPROVING KIMBERLY HOLLAND AS A PART TIME POLICE OFFICER FOR THE CITY OF ELK RIVER AND. THEREFORE. BECOMING A MEMBER OF PERA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. Special Assessment/Reapportionments The City Council reviewed a memo from Finance Director. Lori Johnson. that indicated because of lot splits that two special assessments should be reapportioned. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE REAPPORTIONMENT OF THE SPECIAL ASSESSMENTS FOR PROPERTY OWNED BY THOMAS WILSON AND PROPERTY LOCATED IN THE ELK RIVER PLAZA THIRD ADDITION BECAUSE OF RECENTLY APPROVED LOT SPLITS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. Guardian Angel Hospice Request The Council reviewed a letter from the Guardian Angels which requested the use of trees in the Jackson Square area for the Hospice Program. It was the concensus of the Council that they had no problems with the use of Jackson Square and the trees within Jackson Square for this Guardian Angel sponsored program. e e e Page 8 City Council Minutes November 16. 1987 1988 Volunteer Commission and Board Vacancies The City Administrator indicated to the Council that the following terms expire at the end of 1988: 2 Library Board Members 1 Utilities Commission Member 4 Planning Commission Members 3 Recreation Board Members 5 Economic Development Commission Members plus 1 E.D.C. Member that has resigned The City Council requested the City Administrator to have a notice placed in the Elk River Star News requesting interested citizens to apply for these vacant positions. The notice should indicate that there is no guarantees that interested citizens would be appointed as the volunteers whose terms are expiring may be reappointed. if requested. Railroad Trail Mayor Gunkel indicated that the City has made an offer to Burlington Northern of approximately $17.500.00 for the abandoned railroad trail. but that this offer has not been accepted. Burlington Northern is attempting to sell this property for close to market value. The Council requested the City staff to investigate other funding possibilities so that the City could make an improved offer to the railroad for this abandoned railroad bed. Fuel Bill It was noted that an invoice was submitted to the City for $5.988.00 from Beaudry Oil to fill the new fuel tanks. It was the consensus of the Council to approve payment of this invoice. 9. Adj ournment COUNCILMEMBER HOLMGREN MOVED SCHULDT SECONDED THE MOTION. TO ADJOURN THE MEETING. THE MOTION PASSED 3-0. COUNCILMEMBER The meeting adjourned at 9:00 p.m. C1&d CL &!:Jtur}.ez Recording Secretary Lisa Boyum