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03-17-1986 CC MIN e e e REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. MARCH 17. 1986 Members Present: Mayor Hinkle. Councilmembers Schuldt. Williams. Engstrom and Gunkel. Members Absent: None Staff Present: Tom Bublitz; City Administrator. Stephen Rohlf; Building and Zoning Administrator 1. The meeting of the Elk River City Council was called to order by Mayor Hinkle at 7:30 p.m. 2. Con.ideration of Agenda The City Administrator added Item 18a - Roma Tool Grant and Loan Program to the March 17. 1986 City Council Agenda. COUNCILMBMBER GUNKEL MOVED TO APPROVE THE MARCH 17. 1986 CITY COUNCIL MINDA AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Consideration of March 10. 1986 City Council Minutes COUNCILMEMBER GUNKEL MOVED TO MINUTES. COUNCILKEHBER SCHULDT 4-0. APPROVE THE MARCH 10. 1986 CITY COUNCIL SECONDED THE MOTION. THE MOTION PASSED 4. Open Mike Mr. Art Raudio requested that he be allowed to tape Item 11 - Conditional Use Permit for Campground/Public Hearing. The City Council informed Mr. Raudio that they had no objection. 5. Resolution Authorizing Partial Pay Estimate #5 for Elevated Water Tower Mr. Terry Maurer of Maier Stewart and Associates. Inc. reviewed partial pay estimate U5 for the new water tower project in the amount of $15.981.00. Mr. Maurer indicated that the work on the tower was virtually complete. with only the painting. logo placement and finishing site work remaining. Mr. Maurer stated that the water main project to connect the tower to the water system is the next step. Mr. Maurer explained that it would be necessary to cut an opening in School Street to place the 24" water main. Mayor Hinkle and Councilmember Schuldt questioned whether or not it would be possible to jack under School Street to avoid having a patch in the new street. Mr. Maurer said jacking may be too costly but he would look into it. PAGE 2 CITY COUNCIL MINUTES MARCH 17, 1986 e Mr. Maurer the size painted. stated of the that he would like the City Council to take a look at logo to be placed on the water tower before it was COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-16, A RESOLUTION AUTHORIZING PARTIAL PAY ESTIMATE NUMBER 5 IN THE AMOUNT OF $15,981.00 FOR THE ELEVATED WATER TOWER PROJECT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 6, R@~olution Approving Maintenance Agreement for County State Aid Highway 42 Bridge Mayor Hinkle indicated that he was under the assumption that the subject agreement with Wright County had already been entered into. Mr. Bublitz, City Administrator, stated that it had only been verbally agreed upon and this was the formal documentaton of that agreement. Mayor Hinkle asked why the agreement was only for a two year period. Mr. Bublitz indicated that this was probably a standard form agreement for issues of this nature and no specific reason for the two year time limitation was given. COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-17. A RESOLUTION APPROVING A MAINTENANCE AGREEMENT FOR COUNTY STATE AID HIGHWAY 42 BRIDGE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Transient Merchant License for John Wahl - Public Hearing e Mayor Hinkle stated that Mr. John Wahl of 15403 Sunfish Lake Boulevard, Anoka, has requested a transient merchant license to sell flowers on the northwest corner of Highway 10 and Jackson Avenue on March 21, 22, 23; March 27 through 30th; and May 23 through 26th. Mayor Hinkle indicated that Mr. Wahl has been granted a license to sell flowers for the past several years with very few problems. Councilmember Schuldt indicated that he had noticed last year that southbound cars were stopping along Jackson, blocking traffic turning right on Highway #10. Mr. Wahl stated that he did remember Councilmember Schuldt stopping and talking to him about the problem and that by repositioning the flower stand and directing customers to drive around the corner, the problems were alleviated. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE FOR MR. JOHN WAHL. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Conditional Development Use Permit/Prelimninary Plat Submitted Corporation for Deerfield 3rd Addition by Elk River - Public Hearing Mayor Hinkle indicated that Mr. Gerald Smith. Mr. Leo Pollack and Mr. Lou Pollack of the Elk River Development Corporation have requested a conditional use permit and preliminary plat approval for a subdivision to e PAGE 3 CITY COUNCIL MINUTES MARCH 17. 1986 e be located north of Elk Hills Subdivision and east of Highway #169. The subdivision consists of approximately 126 acres with 229 single family lots. Mayor Hinkle indicated that the Planning Commission reviewed the preliminary plat at their February 25th meeting. but due to an error in publication. a recommendation on the conditional use permit could not be given. Therefore. the Planning Commission was present this evening for a joint meeting with the City Council to act on the request. Mayor Hinkle stated that he felt the major concerns regarding the plat were the issues of access in the Elk Hills area to Highway #169 and possible erosion problems associated with the steepness of the area. Mayor Hinkle indicated that the Planning Commission had recommended that a northern access to the plat be provided in the area of Highway 201 (Jackson Avenue) and Highway 169. Stephen Rohlf indicated that Mr. Bill Harju of the u.S. Soil Conservation office was present to address the erosion issue. e Mr. Harju indicated that in his review of the plat he found there were many areas with a 15% slope; that is. 15 feet of fall per 100 feet of distance. and several areas with 20% slope. Mr. Harju recommended that steps should be taken to keep erosion to a minimum such as an immediate seeding of the area after disturbing the soil. and the use of bales or some sort of diversion to keep the sediment on site. Mr. Harju explained that a 50' by 50' area which was disturbed could lose approximately 2 tons of soil if nothing were done to prevent erosion. Mr. Harju further explained that the State has a publication for development of areas of this nature. and added that it was up to the City to set requirements for the developments. Discussion was carried on regarding the 13 lots in the plat that would be served by city water but not sewer. and the possibility of installing a grinder station to pump the sewage up to the city sewer line. Discussion was carried on regarding a possible northern access to the Deerfield 3rd addition plat at the location of the Highway 201 (Jackson Avenue) crossover on Highway #169. Mr. Rohlf indicated that it was his feeling that it would take a joint effort by the City and the developer to obtain the access from the Minnesota Department of Transportation. Discussion was carried on regarding the access to the park located in the plat and the possibility of an additional southern access to the park in the form of an easement for a walking path. Discussion was carried on regarding the request for the commercial classification of the 7 acre parcel of property in the southwest corner of the proposed plat. Planning Commission Chairman Tralle stated that it was his recollection that when the Planned Unit Development was originally zoned. it was zoned strictly a residential PUD. Commissioer e PAGE 4 CITY COUNCIL MINUTES MARCH 17. 1986 e Tralle questioned Dave Sellergren. City Attorney. whether or not the City had the authority to designate a "residential only" PUD. Mr. Sellergren indicated that it was possible and the minutes should reflect that distinction. Mr. Steve Rohlf introduced Mr. Derrick Posie. consulting engineer for DeWayne Olson. who was present to answer questions on the proposed Deerfield 3rd Addition on behalf of the developers. Planning Commissioner Arlon Fuchs indicated that in regards to the access issue. it was recommended by the Planning Commission at their August 24. 1985 meeting that two additional accesses be provided to serve the plat. and the same recommendaton was made by the City Council at their October 1. 1985 meeting. Mayor Hinkle opened the public hearing for the Deerfield 3rd preliminary plat. e Mr. George Deschenes of 18513 TWin Lakes Road. asked who would be putting in the sewer and water to service the area and who would be paying for it. The City Administrator. Tom Bublitz. indicated that the subject of installation of improvements including streets. sewer and water needed to be addressed. He further stated that the developers had recently submitted a petition for the City to construct the improvements and that if th City chose to install them. the cost would be assessed to the owners of the property. Mr. Deschenes asked if the present water and sewer system will support the additional use proposed. Mayor Hinkle indicated that it would. Mr. Maurer explained why it would be beneficial for the City to complete the entire project; that is. better coordination of construction of the improvements and better control. Mayor Hinkle explained that the proposed development is in the sanitary sewer interceptor district established in 1980 and that it was anticipated that hookups from this area would help to finance the interceptor. Due to the slowdown in development. payments on the interceptor had to be taken from the general fund. Mayor HInkle continued that the City would gain financially from hookups generated by this development. Mr. Don Ley. 232 Elk Hills Drive. asked why Elk Hills Drive and Elk Lane were chosen as access points for the development. The City Administrator indicated that.. Elk Hills Drive was chosen because it is an existing access. and Elk Lane would become a through-street for easier snow removal. e PAGE 5 CITY COUNCIL MINUTES MARCH 17. 1986 e Discussion was carried on regarding the necessity for a northern access onto Highway #169. Mr. Gerald Smith stated that his attorney. Mr. Chervil. had assured him that an easement would be obtained for the access. and that he felt it was only logical that the Minnesota Department of Transportaton grant the approval for the access. Once they have seen the plat. they will certainly realize the impact a development of this size will have on the existing traffic problem at Highway #169 and Elk Hills Drive. Mr. Dave Burandt asked what had project. Mr. Smith indicated that residential lots with city sewer and felt the entire development would be happened to the phasing plan for the there is a tremendous need for water in Elk River and therefore. he sold quickly. LaVonne Belanger. 958 Elk Lane. asked the developers the average cost of new homes proposed for the development. Charles Christian showed sketches of Christian Builders' most popular models including their model home in Deerfield 1st Addition which would sell for $150.000. Irv Moldenhauer stated that the average cost of homes he built was $75.000. Mr. Denny Carlson and Mr. Don Ley expressed their concerns regarding the increased density of the proposed plat and problems with traffic congestion at Elk Hills Drive and Highway #169. e Mr. Ervin Claassen. 28990 Twin Lakes Road. indicated that he owned property which bounded the eastern portion of the plat and expressed his concern for safety of children crossing his fence where his cows were pastured. Mayor Hinkle closed the public hearing. Planning Commission Public Hearing MEMBERS PRESENT: Chairman Tra1le. Commissioners Wilson. Warner. Temple. Fuchs and Barrett. Chairman Tralle called the meeting to order and opened the Deerfield 3rd Addition Conditional Use Permit Public Hearing. Planning Commission Chairman Tralle explained that Planning Commission to make a recommendation to regarding the conditional use permit for the Deerfield they must determine whether to grant approval with northern access be provided or to table the item and to come back when the access issue is resolved. in order for the the City Council 3rd Addition. that a contingency that ask the developers Discussion was carried on regarding the road improvements. Commissioner Fuchs explained that the City could do the roads or the developer could do them according to City plans and specifications. Mr. Maurer indicated that most cities follow the State's Chapter 429 Statute for improvements. e PAGE 6 city council minutes march 17. 1986 e once a petition from the property owners is received by the City. Mr. Smith indicated that it has been his practice to petition for the improvements. move trees and stumps in the proposed road way and then turn the project over to the City for completion of the roads. City Administrator. Tom Bublitz suggested that the northern access be included in the proposed petition for improvements. Commissioner Warner questioned whether two accesses to the plat is enough considering that the majority of the traffic will funnel down through the Elk Hills development to reach the shopping center and the business district along Dodge Avenue. The possibility of a third access coming out on Twin Lakes Road was suggested. Mr. Maurer expressed his feeling that a 3rd access in that location would probably not make a noticeable difference in the traffic count through Elk Hills. Discussion was intersection of possibility that caried on regarding the need for semaphores at School Street. Elk Hills Drive and Highway #169. and they would not be installed for two to three years. the the Commissioner classification be addressed. Tralle asked that the issue of the request for commercial of the parcel located in the southwest corner of the plat e Mr. Gerald Smith indicated that he and his partners were in agreement that if the commercial classification for that portion of the plat was not accepted. the project would not go. Mr. Smith further indicated that if the commercial area were approved. they would be willing to sign a statement that no development of the commercial area would start for 3-5 years. Mr. Pollack stated that he felt the piece of property in question was not good for residential development with its close proximity to Highway #169 and the existing commercial area. Commissioner Warner stated that development of a commercial area in this location would only add to the traffic problem at Elk Hills Drive and Highway #169. Commissioner Tralle suggested that the property in question be addressed separately from the rest of the PUD. Commissioner Wilson said he felt it was very important that an additional access to the plat be provided before construction traffic begins moving into the area. Discussion was carried on regarding the possibility of a third access onto Highway #169 which would cross City-owned property and come out near the State Highway Maintenance property. It was the consensus of the Commission that a s.outhern acces be provided to the park land in the form of a walk path. e e e e PAGE 7 CITY COUNCIL MINUTES MARCH 17, 1986 COMMISSIONER WARNER MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND CONDITIONAL USE FOR THE DEERFIELD 3RD ADDITION WITH THE FOLLOWING COND ITIONS : 1. THAT A NORTHERN ACCESS FROM THE PLAT ONTO HIGHWAY #169 IN ALIGNMENT WITH HIGHWAY #201 (JACKSON AVENUE) BE PROVIDED; 2. THAT DEVELOPMENT OF THE COMMERCIAL AREA WILL NOT BE ALLOWED UNTIL: A. ALL OF THE SINGLE FAMILY RESIDENTIAL LOTS HAVE BEEN SOLD; B. THE SEMAPHORES AT THE INTERSECTION OF ELK HILLS DRIVE/SCHOOL STREET AND HIGHWAY #169 ARE INSTALLED; AND. C. THAT NO DEVELOPMENT MAY BEGIN FOR A MINIMUM OF THREE (3) YEARS. 3. THAT THE RECOMMENDATIONS OF THE CITY ENGINEER BE FOLLOWED AS DESCRIBED IN MR. TERRY MAURER'S MEMOS DATED FEBRUARY 10TH AND FEBRUARY 12TH. 1986. 4. THAT THE RECOMMENDATIONS OF THE CITY STAFF AS OUTLINED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED MARCH 13. 1986 BE CARRIED OUT. 5. THAT THE U. S. SOIL CONSERVATION ENGINEER BILL HARJU'S RECOMMENDATION FOR IMMEDIATE SEEDING OF VULNERABLE EROSION AREAS IN THE PLAT AFTER BEING DISTURBED. AND ALSO THAT THE SOIL CONSERVATION PUBLICATION TITLED. "URBAN RUNOFF. EROSION AND SEDIMENT CONTROL HANDBOOK" BE USED AS A GUIDE; AND. 6. THAT ALL ACCESSES TO THE PROPOSED PARK AREA BE APPROVED BY THE CITY STREET SUPERINTENDENT. COMMISSIONER TEMPLE SECONDED THE MOTION. COMMISSIONER FUCHS OPPOSED. THE MOTION PASSED 5-1. City Council Public Hearing - Conditional Use Permit Mr. George Deschenes. Mr. Denny Carlson. Mr. Don Ley and Mr. Larry Toth expressed their concern for the additional traffic problems that will be created at the intersection of Elk Hills Drive and Highway #169 and the need for a northern access. Councilmember Gunkel stated that it was her recollection that te PUD was originally approved as strictly a residential PUD and that she would like to see that designation stand. She further stated that based on past traffic counts. the average household makes approximately 5 trips per day. Based on the number of single family lots, that would amount to approximately 1.150 trips per day that would be travelling through the PAGE 8 CITY COUNCIL MINUTES MARCH 17. 1986 e Elk Hills area final approval in hand. out onto Highway #169. Councilmember Gunkel felt that should not be granted until the developer had the access Councilmember Williams questioned whether or not the plat could be reworked to allow for a southern and a northern road looping through the plat. separating the two areas and each having a respective access to Highway 1/169. Counci1member Schuldt expressed his agreement that a dangerous traffic problem will be created and also. his agreement that the commercial portion of the plat not be allowed. Counci1member Engstrom stated he felt the proposed commercial area could in fact be used for residential. perhaps not for single family but possibly for multi-family. Discussion was carried on regarding a possible access through the City- owned property on Highway #169. Further discussion was carried on regarding the proposed park. its accessibility. maintenance and parking. Mayor Hinkle asked for comments from Mr. Smith. e Mr. Smith indicated that he and his attorney would do everything possible to obtain the northern access. He said that he did not feel it was feasible for the State to refuse the access. Mr. Dave Sel1ergren noted that a project of this size would also be required to have an environmental assessment worksheet done. Additional discussion was carried on regarding the proposed northern access. It was the consensus of the City Council that the necessary easements and approvals be obtained before final plat approval would be granted. and that the issue of construction traffic to the development would also be dealt with when considering the final plat. Discussion was carried on regarding the change of Elk Lane from a cu1-de- sac to a through street. It was the consensus of the City Council that Elk Lane become a through-street to aid snow removal efforts and also. to create an additional point of entry for emergency vehicles other than Elk Hills Drive. COUNCILMEMBER WILLIAMS PRELIMINARY PLAT AND STIPULATIONS: MOVED TO CONDITIONAL APPROVE THE USE PERMIT DEERFIELD 3RD ADDITION WITH THE FOLLOWING 1. THAT ALL OF THE PLANNING COMMISSION'S CONDITIONS LISTED PREVIOUSLY IN THESE OFFICIAL MINUTES BE MET. WITH THE EXCEPTION OF ITEM 2. e PAGE 9 CITY COUNCIL MINUTES MARCH 17. 1986 e 2. THAT THE COMMERCIAL DEVELOPMENT IN THE PLAT AS PROPOSED NOT BE ALLOWED. 3. THAT AN ENVIRONMENTAL ASSESSMENT WORKSHEET BE COMPLETED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-20. A RESOLUTION ORDERING THE FEASIBILITY STUDY FOR THE DEERFIELD 3RD ADDITION IMPROVEMENTS. TO INCLUDE STREETS. CURB AND GUTTERS. SANITARY SEWER AND WATER AND ALSO. THAT THE CONSTRUCTION OF A NORTHERN ACCESS IN ALIGNMENT WITH HIGHWAY 201 (JACKSON AVENUE) ONTO HIGHWAY fJ169 BE INCLUDED IN THE FEASIBILITY STUDY. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 5-0. 9. Ordinance Amendment to C-2 Zoning District Mayor HInkle explained that the amendment was proposed to create a buffer zone between commercial and residential areas. and also reviewed the location of the existing C-2 zoned districts in the City. Mayor Hinkle opened the public hearing. Robert Dare. owner of Dare's Funeral Home. stated his concern that his e business would become a non-conforming use. Mr. Dan Anderson amendment would on Main Street. expressed his concern that approval of the zoning severely limit the uses of his property in the C-2 zone Stephen homes as home". Rohlf indicated that if the Council wished to include funeral a principal use. it should be specifically listed as "funeral Mayor Hinkle closed the public hearing. Counci1member Schuldt expressed his strong disapproval of the proposed amendment. Counci1member Gunkel explained that she had initiated the request for the amendment. She continued that it was unavoidable in some areas of the City for commercial areas to back up to residential areas. and that she felt some commercial uses were more appropriate than others to be located next to a single family residence. such as those proposed in the C-2 ordinance amendment. As the ordinance now stood. there was little distinction between the C-1 and C-2 zoning districts. e PAGE 10 CITY COUNCIL MINUTES MARCH 17, 1986 ~ Discussion was carried on regarding the use of buffers, the reasons for excluding retail from the 1st of principal uses, and also whether or not contract parking would be classified with commercial parking ramps. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE 86-2, AN ORDINANCE RELATING TO PRINCIPAL USES ALLOWED IN C-2 GENERAL COMMERCIAL DISTRICTS, WITH THE INCLUSION OF FUNERAL HOMES AS A PERMITTED USE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT OPPOSED. Stephen Rohlf requested that, upon proper advertising and notification, an ordinance amendment be considered by the City Council to allow gas stations as a conditional use in the C-1 zone. 10. Request for Zone Change Submitted by Terpstra and Black Planning Commission Public Hearing Chairman Jim Tra11e introduced the request of Mr. Ron Black, representing Terpstra and Black of 831 Main Street, Elk River for a zone change from R-1C/sing1e family residential to C-2/commercia1 on property located at 907 and 913 Main Street. Commission Chairman Tra1le opened the public hearing. ~ No one appeared for or in opposition of the request. Chairman Tra11e closed the public hearing. COMMISSIONER WARNER MOVED TO APPROVE THE ZONE CHANGE REQUEST BY TERPSTRA AND BLACK FOR PROPERTY LOCATED AT 907 'AND 913 MAIN STREET. LEGALLY DESCRIBED AS ALL OF LOT 4 AND LOT 5. BLOCK 7. VILLAGE OF ELK RIVER PLAT. FROM THE EXISTING R-1C/SINGLE FAMILY RESIDENTIAL TO C-2/COMMERCIAL. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. City Council Public Hearing Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the request. Mayor Hinkle closed the public hearing. Counci1member Schuldt and felt that there commercial zoning of further felt that it well . stated that he was very opposed to the zone change would be nothing to prevent further requests for residential property from being approved, and could happen in other areas of the City as ~ COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ZONE CHANGE REQUEST BY TERPSTRA AND BLACK FOR PROPERTY' LOCATED AT 907 AND 913 MAIN STREET. LEGALLY DESCRIBED AS ALL OF LOT 4 AND 5, BLOCK 7, VILLAGE OF ELK RIVER PLAT FROM THE EXISTING R-IC/SINGLE FAMILY RESIDENTIAL ZONING TO C-2 COMMERCIAL. COUNCILMEMBER WILLIAMS' SECONDED THE MOTION. . THE MOTION PASSED 4-1. COUNCILMEMBER SCHULDT OPPOSED. tit e e PAGE 11 CITY COUNCIL MINUTES MARCH 17, 1986 City Administrator, change would not had been published. Tom Bublitz, reminded the petitioner that the zone become effective until the zoning ordinance amendment 11. Conditional Use Permit for Campground - Public Hearing Mayor Hinkle indicated the request for the additional information the EAW. that it was the consensus of the City Council that conditional use permit would be tabled until could be presented, including comments regarding Mr. Art Raudio, developer of the project, explained his regarding the project. position Comments by Mr. George Deschenes, Mr. Dave Burandt and Mr. and Mrs. Frank Miske were heard. It was agreed that further discussion would be done when the request was reconsidered by the Planning Commission at their April 28th meeting and by the City Council at their May 4th meeting. COUNCILMEMBER SCHULDT MOVED TO TABLE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A CAMPGROUND BY MR. ART RAUDIO AND TO CONTINUE THE PUBLIC HEARING AT THE MAY 4TH CITY COUNCIL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Conditional Use Permit Request by Florence Lene/Public Hearing Commissioner Tralle introduced the request by Florence Lene of 18072 Cleveland Street NW for a conditional use permit for a home occupation to operate a real estate office out of her home. Commissioner Tralle indicated that the Planning Commission unanimously recommended approval of the request with the conditions as listed on page two of the February 25, 1986 Planning Commission minutes. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULD T MOVED TO APPROVE THE REQUEST BY FLORENCE LENE FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION WITH THE FOLLOWING CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION: 1. THAT THERE BE ONE OUTSIDE NON-RESIDENTIAL EMPLOYEE. 2. THAT THE CONDITONAL USER PERMIT BE REVIEWED IN ONE YEAR. 3. THAT THE SIGN BE 2 r X 2' SQUARE AND POSTED ON THE HOUSE AND ANY ADVERTISING BE ON THE MAILBOX WITH ADDRESS. 4. THAT THE HOURS NOT BE BEYOND THE HOURS DESIGNATED, 9:00 A.M. TO 6:00 P.M. MONDAY THROUGH FRIDAY,AND SATURDAY 9:00 A.M. TO 3:00 P.M. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. PAGE 12 CITY COUNCIL MINUTES MARCH 17. 1986 4It 13. Conditional Use Permit Requested by Darrell Goskey/Pub1ic Hearing Commissionr Fuchs introduced the request of Darrell Goskey of 21546 Vernon Street. to construct an agricultural building in a platted area to use as a garage and also to keep one or two horses. storage of hay and a farm tractor. Commissionr Fuchs stated that the Planning Commission had recommended approval with a 5-1 vote. with the conditions that the building not exceed 1.200 square feet and that the floor be non- absorbent. Mayor Hinkle opened the public hearing. Discussion was carried on between the Goskeys and members of the Council regarding the size and use of the building proposed. Further discussion was carried on regarding the unique circumstances leading to the request. due to the log style home the Goskeys had built which prevented them from having a traditional attached garage. Discussion was also carried on regarding past requests for agricultural builidngs and reasons for denial . Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE REQUEST BY MR. DARRILL GOSKEY FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 1,500 SQUARE rOOT AGRICULTURAL BUILING WITH THE FOLLOWING STIPULATIONS I 4It 1. THAT PRIOR TO CONSTRUCTION. NEIGHBORS STATING THEY HAD BUILDING OF THIS SIZE: AND. MR. GaSKEY PRESENT A LETTER rROM HIS NO OBJECTION TO HIM CONSTRUCTING A 2. THAT THE FLOOR BE NON-ABSORBENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER WILLIAMS MOVED TO CONTINUE THE CITY COUNCIL MEETING BEYOND THE ESTABLISHED 12:00 MIDNIGHT TIME LIMIT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. 14. Zone Change Request by John Nickerson/Public Hearing Commissioner Fuchs reviewed the request by Mr. Nickerson for a zone change from R-3 to R-4 multi-family residential for property located in Auditors Subdivision #5 as described in the Building and Zoning Administrator's memo dated March 5. 1986. Commissioner Fuchs stated that the Planning Comnmission had recommended approval of the request. Mayor Hinkle opened the public hearing. e Discussion was carried on regarding the location of the property and its proposed use. PAGE 13 CITY COUNCIL MINUTES MARCH 17. 1986 4It Mayor Hinkle closed the public hearing. e e COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ZONE CHANGE REQUEST BY MR. JOHN NICKERSON FROM R-3 TO R-4 MULTI-FAMILY RESIDENTIAL. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. Mr. Sellergren suggested that as a matter of good practice. the land use map be amended to reflect the zone change. 15. Preliminary Plat by M & W Partnership/Public Hearing Mr. Greg Frank was present to review the Meadowvale Woods plat for the audience and members of the City Council. Mayor Hinkle opened the public hearing. No one appeared for or in opposition of the plat. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE PRELIMINARY PLAT OF MEADOW ALE WOODS REQUESTED BY M & W PARTNERSHIP WITH THE STIPULATIONS AS RECOMMENDED IN THE FEBRUARY 24. 1986 PLANNING COMMISSION MINUTES. WITH THE EXCEPTION OF ITEM #6. TO BE REVISED TO ALLOW THE DEVELOPER TO DEVELOP THE ROADS IN '!WO PHASES AND AT THE END OF THE CONSTRUCTION SEASON. THE ROAD BE SUPPLIED WITH A CLASS 5. 40. FOOT TURN. AROUND FOR SNOW REMOVAL. COUNCILMEMBER WILLIAMS SECONDED THE MOTION.. THE MOTION PASSED 4-0. 16. School Street Sanitary Sewer Improvement Project/Public Hearing The City Administrator. project and the steps process. Tom Bublitz. reviewed the past history of the to be followed in completing the improvement Mayor Hinkle opened the public hearing. Mr. Frank Hasbrouck. owner of property proposed to be assessed. expressed his feeling that it was unfair to assess only the six proprty owners for the sewer line when others will be tying in and using the line. Mr. Maurer explained that those to be tying in to the new line have already paid for sewer and they will only be changing direction of the flow of sewage from those properties. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-21. A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER IMPROVEMENTS ON SCHOOL STREET (IMPROVEMENT PROJECT 1986- 1). COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. PAGE 14 CITY COUNCIL MINUTES MARCH 17, 1986 e 17. Public Hearing/Proposed Assessment for School Street Sanitary Sewer Improvement Project Mayor Hinkle opened the public hearing. Discussion was carried on Hasbrouck's assessment and established by the State met. regarding possible deferrment of Mr. it was determined that the criteria of Minnesota for a deferrment could not be Mr. Bublitz indicated that Mr. Bud Houlton and Mr. Babinski have expressed their support of the project. COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-22, A RESOLUTION ADOPTING ASSESSMENT. FOR SANITARY SEWER IMPROVEMENTS ON SCHOOL STREET (IMPROVEMENT PROJECT. 1986....1), AS AMENDED TO READ "FROM DATE OF ISSUANCE OF BONDS," RATHER THAN FROM DATE OF. ADOPTION. OF THIS ASSESSMENT RESOLUTON," IN PARAGRAPH 2. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0~ 18. Liquor Liability Insurance Mr. Dan Greene was present to review list of prospective liquor liability insurance carriers. Mr. Greene explained that the City's current carrier has withdrawn from the market and that the City must make a decision s 4It soon as possible. Discussion was carried on regarding each of the 3 carriers proposed. COUNCILMEMBER WILLIAMS MOVED TO OBTAIN LIQUOR LIABILITY INSURANCE THROUGH TRANSAMERICA INSURANCE COMPANY. COUNCILMEHBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 18A. Roma Tool Grant and Loan Program The City Administrator presented the final documents necessary to dispense funds to the City for Roma Tool. Discussion was led by Mr. Sellergren regarding the grant and loan program procedure. COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTON 86-18, A RESOLUTION APPROVING LOAN AGREEMENT BETWEEN THE CITY OF ELK RIVER AND ROMA TOOL AND PLASTICS, INC. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED TO APPROVE RESOLUTION 86-19, A RESOLUTION AUTHORIZING DISBURSEMENT OF FUNDS TO ROMA TOOL AN PLASTICS, INC. UNDER THE TERMS OF THE. LOAN AGREEMENT BETWEEN THE CITY OF ELK RIVER AN ROMA TOOL AND PLASTICS, INC~ AND THE GRANT AGREEMENT (GRANT NO. 12027W00486) BETWEEN THE CITY OF ELK -RIVER. MINNESOTA AND THE STATE OF MINNESOTA. COUNCILMBMBER ENGSTROM SECONDED THE MOTION.- THE MOTION-PASSED 4-0. e PAGE 15 CITY COUNCIL MINUTES MARCH 17. 1986 e 19. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MARCH 17. 1986 CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. There being no further business. COUNCILMEMBER ENGSTROM MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. ~~ Deborah Kleckner ~ Recording Secretary e e