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02-18-1986 CC MIN REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY COUNCIL TUESDAY, FEBRUARY 18, 1986 MEMBERS PRESENT: Mayor Hinkle, Councilmembers Gunkel, and Schuldt Councilmember Engstrom arrived at 9:00 p.m. MEMBERS ABSENT: Councilmember Williams STAFF PRESENT: Tom Bublitz, City Administrator; Steve Rohlf, Building and Zoning Administrator; and Dave Sellergren, City Attorney The meeting of the Elk River City Council was called to order by Mayor Hinkle at 7:30 p.m. 2. Agenda Item 18D – Planning Commission Appointments was added to the agenda. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE FEBRUARY 18, 1986 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION CARRIED 2-0. 3. Consideration of February 10, 1986 City Council Minutes Mayor Hinkle noted there were two corrections to be made in the minutes. He indicated that on page one, item #4, second paragraph, should read the Elk River, not the Mississippi River. He further indicated that on page two, item #5, the motion should state Corporal Rolfe, not Corporal Beahen. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE FEBRUARY 10, 1986 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 2-0. 4. Open Mike No one appeared for this item. 5. Consideration of Proposal from Bruce A. Liesch The City Administrator indicated that a few weeks ago the Council discussed the possibility of looking at a solid waste ordinance in relationship to the landfill and at that time the possibility of employing a consultant was also discussed. The City Administrator noted that the Council had in their packets, a proposal from Bruce A. Liesch Associates, Inc. which outlined their work plan for a hydrogeologic landfill investigation. e e e PAGE 2 CITY COUNCIL MINUTES FEBRUARY 18, 1986 The City Administrator noted that Mr. Brian Liesch and Dan Stoddard were present to discuss in detail their proposal and answer any questions the Council may have. The City Administrator noted that the firm had come to him highly recommended. He indicated he would recommend that the City use the study which this firm will compose in conjunction with the proposed solid waste ordinance. He indicated that staff wise, the City does not have the ability to generate this type of information. COUNCILMEMBER GUNKEL MOVED TO HIRE THE rIRM OF BRUCE A, LIIllSCH MSOCIA'nUh INC. TO ASSESS THE HYDROGEOLOGIC CONDITIONS AT THE ELK RIVER LANDFILL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Administrative Subdivision Request by K & L Development Mayor Hinkle noted that K & L Development is requesting an administrative subdivision to subdivide a piece of property into two parcels of property, the property being located on 1500 and 1600 Main Street. Mayor Hinkle noted that the present zoning of the property is R-2, and stated that the two lots created by this subdivision would be in keeping with the dimensional regulations for both an R-2 and R-1C zone. Mayor Hinkle opened the public hearing. Cathy Munson questioned the exact location of the lots. Orin Beck questioned whether a duplex could be put on the lot. The Building and Zoning Administrator noted that Mr. Kuhn had indicated he would be putting two single family dwellings on the lots, but further indicated that the zoning for the property is R-2. Councilmember Gunkel noted that the City Council is not dealing with the zoning at this time but just the administrative subdivision. Steve Rohlf noted that because of the size of the lots, a duplex could not be put on either lot. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO REQUESTED BY K & L DEVELOPMENT. THE MOTION PASSED 3-0. APPROVE THE ADMINISTRATIVE SUBDIVISION COUNCILMEMBER GUNKEL SECONDED THE MOTION. PAGE 3 CITY COUNCIL MINUTES FEBRUARY 18. 1986 ~ 7. Consideration of Variance Request by Lloyd Anderson Stewart Wilson. a representative of the Planning Commission. introduced this item to the City Council. Mr. Wilson noted that Mr. Lloyd Anderson owns a residential lot located on Lot 3. Block 1. Lundgren Homes First Addition and is requesting a 15 foot variance from the required 30 foot front yard setback in order to build a house 25 feet from the edge of the tarred cul-de-sac. He noted that Mr. Anderson is requesting a variance because he felt it would be an extreme economic hardship to build upon the lot because it drops sharply off from the road and it would take an abnormal amount of fill if the front yard setback is enforced. Mr. Wilson noted that the Planning Commission discussed the five required standards. and they unanimously voted in favor of the variance. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO ANDERSON. COUNCILMEMBER SCHULDT 3-0. APPROVE THE VARIANCE SECONDED THE MOTION. REQUEST BY LLOYD THE MOTION PASSED 8. Consideration of Variance Request by Christian Builders ~ Jim Tralle. Planning Commission Chairman introduced this item to the Council. He indicated that Christian Builders are requesting a 20 foot variance to the front yard setback for property located on Lot 4. Block 5. W.H. Houlton's Addition. Chairman Tralle indicated that the variance would allow the house to be built facing 5th Street which would be in uniform with the other houses on the block. Chairman Tralle indicated that the house could be built without a variance if it were to face Seymour. He indicated that Christian Builders do not wish to have the house face Seymour. Mayor Hinkle opened the public hearing. Cathy Munson indicated she was acting as spokesperson for the neighbors and indicated their main concern was the fact that another builder had requested a variance at one time and was denied. The Building and Zoning Administrator noted that Mr. Clayton Frank applied for a building permit at one time for the same property and requested information regarding a variance. The Building and Zoning Administrator indicated that Mr. Frank was informed of the procedure necessary in order to be granted a variance and further informed the Council that Mr. Frank did not go through the variance proceedings. so therefore was not denied the variance. ~ PAGE 4 CITY COUNCIL MEETING FEBRUARY 18. 1986 e The Building and the variance due utility easement. Zoning Administrator indicated that he is recommending to the fact that Seymour Avenue is basically just a Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO SETBACK REQUESTED BY CHRISTIAN MOTION. THE MOTION PASSED 3-0. APPROVE THE V ARrANCE TO THE FRONT YARD BUILDERS. MAYOR HINKLE SECONDED THE Councilmember Gunkel expressed a concern regarding the sewer line which the property would be using is the School Street sewer line. She indicated she is concerned whether issuing a building permit would be justified. due to the fact that Ron Kuhn was not issued a permit for his 24 unit apartment complex. The City Admnistrator noted that according the Darrell Mack. the Sewer Superintendent. a single family house would have no impact on the line. 9. Consideration of Request for Zone Change by Mr. John Nickerson e Chairman Jim Tralle. introduced this item to the City Council. He noted that Mr. John Nickerson appeared before the Planning Commission with a request to zone change property located at 226 2nd Street from R-3 to R-4 in order to accommodate a 18 unit apartment complex. Chairman Tralle indicated that at the Planning Commission he had indicated there were two buyers for the property; one interested in 18 unit apartment complex and the other interested in duplexes. The item was therefore tabled due to the fact that Mr. Nickerson was unsure as to what zone he would be requesting in the zone change. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO TABLE THE ZONE CHANGE REQUESTED BY JOHN NICKERSON UNTIL SUCH TIME THAT THE PLANNING COMMISSION REHEAR' THE ITEM. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Consideration of Request for Conditional Use Permit for RDF Facility The City Administrator indicated that the Planning Commission held a public hearing at their January meeting for the conditional use permit for the proposed NSP RDF facility. He indicated the Planning Commission tabled consideration of the conditional use permit. Mayor Hinkle opened the public hearing. e PAGE 5 CITY COUNCIL MINUTES FEBRUARY 18. 1986 e Mr. Dale NSP and indicated project maxuimum project scoping would be Thielen indicated the Council had received a letter from UPA addressing the fact of expanding the facility. He the purpose of the letter is for NSP and UPA to define the more thoroughly. He indicated the plant would be looking at a capacity of 1520 tons per day. He stated the minumum end of the would be 500 ton per day for just Anoka County. He indicated the document looks at the maximum scenerio. He stated the maximum 1520 tons per day~ annual wise. Mr. Dale Thielen indicated that as of the last few weeks. Hennepin County and other surrounding counties have indicated they may be interested in participating in the RDF facility. Councilmember Schuldt questioned what the City has to say as to how many tons per day are allowed in the plant. Attorney Dave Sellergren indicated that if the City determines that a certain number of tons would have an adverse impact in the City. then that number may be specified in the conditional use permit. Councilmember Gunkel indicated that she was under the impression that it was going to be a two line plant and was questioning when the concept of the third line was added. Mayor Hinkle closed the public hearing. e COUNCILMEMBER GUNKEL MOVED TO CONTINUE THE PUBLIC HEARING UNTIL SUCH TIME AS THE COUNCIL RECEIVES A RECOMMENDATION FROM THE PLANNING COMMISSION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. Arne Engstrom arrived at 9:00 p.m. 11. Concept Review for Campground Proposal Mr. Art Raudio indicated he would like to present a concept for a campground located two miles west on County 12 and one quarter mile north on County Road #4. He indicated the campground would promote recreation such as trails. volleyball. golf. etc. He indicated people would be purchasing rights to belong to the campground. Mr. Raudio noted that the campground is located on 230 acres. He indicated there would be an environmental assessment worksheet done on the property. and further indicated that he was looking at phasing the concept and stated the first phase would consist of 150 lots and a club house. Steve Rohlf indicated that the property is located in an A-1 zoned district and stated that campgrounds are allowed as a conditional use in this zoning district. He indicated this item was going to be heard at the February 25 Planning Commission Meeting as a conditional use. e e e e CITY COUNCIL MINUTES FEBRUARY 18, 1986 PAGE 6 It was the consensus of the City ouncil that the campground idea was a good concept. 12. Resolution on Sanirar Receiving Feasibilit Sewer 1m rovements on The City Administrator indicated t bring back the School Street Proj Kuhn along with Mayor Hinkle and Co had requested a building permit for the staff had denied his request recommendation stating the line Administrator indicated that as 0 staff to issue a permit to Creative the improvement project. Mr. Ku timetable doesn't permit the conting Discussion of the Estates should be project. project was allowed the and Callin Street for Public Hearin at the Council had requested staff to ct. He indicated he had met with Ron ncilmember Gunkel. He noted Ron Kuhn a 24 unit apartment building and that because of the Sewer Superintendent's ould not hold 24 unis. The City that time the Council authorized the Estates contingent on the ordering of had indicated that Creative Estate's ncy. h ld regarding whether or not Creative o tion of not being included in the Councilmember Gunkel indicated she felt the Council has a responsibility to do the best job possible feels it would be a mistake to leave property out of the project and r commends leaving the Creative Estates property in the project so that the is done correctly. Mayor Hinkle indicated he agreed Creative Estates should be included Mayor Hinkle indicated that Creative assessments they had previously paid option in which the total cost of th he can receive a building permit. is the only project along the whol and is being denied the opportunity Councilmember Gunkel in that project. Estates was receiving some credit for Ron Kuhn indicated he agreed to the assessment would be $71,600 provided He indicated his complaint is that he area that has paid assessments twice o hook up to the sewer. Mayor Hinkle indicated he would like the public hearing ordered. COUNCILMEMBER GUNKEL MOVED TO AD RECEIVING FEASIBILITY STUDY AND SEWER IMPROVEMENTS ON SCHOOL S COUNCILMEMBER ENGSTROM SECONDED THE PT RESOLUTION 86-9, A RESOLUTION ALLING FOR PUBLIC HEARING ON SANITARY ET (IMPROVEMENT PROJECT 1986-1). OTION. THE MOTION PASSED 4-0. /0 13. COUNCILMEMBER SCHULDT MOVED TO OPT RESOLUTION 86-9. A RESOLUTION DECLARING COST TO BE ASSESSED ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR SANITARY SEWER IMPR: VEMENTS ON SCHOOL STREET (IMPROVEMENT PROJECT NO. 1986-1) . COUNCIL ER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. - e e PAGE 7 CITY COUNCIL MINUTES FEBRUARY 18. 1986 14. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 86-10. A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF SANITARY SEWER IMPROVEMENT PROJECT ON SCHOOL STREET (IMPROVEMENT PROJECT 1986-1). COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Consideration of Labor Relations Subscriber Service The City Administrator indicated that the 1986 budget allows for a membership to Labor Relations Subscriber Service which is available to member cities of the League of Minnesota Cities. He indicated that the membership fee allows the staff to get advice and direction on certain items and further they would be able to review the police contract. MAYOR HINKLE MOVED TO AUTHORIZE THE CITY ADMINISTRTOR MEMBERSHIP TO THE LABOR RELATIONS SUBSCRIBER SERVICE. GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. TO OBTAIN A COUNCILMEMBER 16. Partial Pay Estimate #4 for Water Tower COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 86-11, A RESOLUTION AUTHORIZING PARTIAL PAY ESTIMATE /;4 FOR ELEVATED WATER TOWER PROJECT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Consideration of Purchase of Typewriters The City Administrator indicated that the Building and Zoning Department and Administration department have both budgeted for typewriters in the 1986 budget. He indicated that Sandy Thackeray has tried several typewriters, and recommended the Hermes or IBM. The Council discussed the price of the typewriters and indicated there was a large difference in the amount of yearly maintenance in the Hermes and IBM. and felt the difference in price between the Hermes and IBM would be made up by the price of the maintenance agreement. COUNCILMEMBER TYPEWRITERS. PASSED 4-0. IBM WHEELWRITER 40 MOTION. THE MOTION ENGSTROM MOVED TO PURCHASE TWO COUNCILMEMBER SCHULDT SECONDED THE 18 Administrator's Update A. Federal Tax Refore Restrictions The City Administrator discussed an action alert bulletin from the League of Minnesota Cities regarding federal tax reform restrictions. He indicated he is concerned with tax increment financing and other issues mentioned in the Bulletin. He indicated the League is directing the cities to contact their Senators regarding this. He further noted he had contacted our senators regarding this matter. PAGE 8 CITY COUNCIL MINUTES FEBRUARY 18. 1986 e B. Report on PCA Board Meeting Regarding Environmental Impact Statement for ROF facility in Elk River The City Administrator indicated that on Tuesday. February 11. the MPCA Board met to consider the adoption of the scoping decision for ROF facility. C. Recreation Board Appointments The City Admnistrator indicated that there are five vacancies on the Recreation Board. It was the consensus of the Council to question some of the applicants for the Planning Commission position regarding their interest in taking a position on the Recreation Board. D. Planning Commission Applicants The City Administrator indicated the City has received eight applicants for the Planning Commission. It was the consensus to interview each applicant on Monday. February 24. 1986. 19. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. e 20. Adj ournment There being no further business. COUNCILMEMBER GUNKEL MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. The Elk River City Council Meeting adjourned at 10:45 p.m. ~ Sandra Thackeray Recording Secretary e