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04-07-1986 CC MIN e e e REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. APRIL 7. 1986 MEMBERS PRESENT: Mayor Hinkle. Councilmembers Schuldt. Williams. Engstrom Gunkel. MEMBERS ABSENT: None Tom Bublitz; City Administrator. Terry Maurer; City Engineer. Stephen Rohlf; Building and Zoning Administrator. Phil Hals; Street Superintendent. and Ken Norquist; Building Inspector. 1. Mayor Hinkle called the meeting to order at 7:30 p.m. 2. Agenda COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE APRIL 7. 1986 CITY COUNCIL AGENDA. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. March 24. 1986 City Council Minutes Mayor Hinkle noted that on page two. fourth paragraph. second line. the word hold out should read "help out". COUNCILMEHBER GUNKEL MOVED TO APPROVE THE MARCH 24. 1986 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0~ 4. Open Mike Berniece Pipenhagen of 326 Gates. addressed the City Council with regard to the traffic on Third and Gates. She noted the traffic is fast and dangerous and she would like to see a stop sign put up. and more police patrol. She indicated there were many elderly people living in the area. Councilmember units. Coast more traffic taken. Gunkel indicated that the proposed 72 additional housing to Coast. and the True Value Home Center would generate and stated she therefore felt a need for some action to be COUNCILMEMBER WILLIAMS MOVED TO INSTRUCT THE CITY ADMINISTRATOR AND THE CITY STAFF TO DO A STUDY ON THE TRAFFIC PROBLEM LOCATED ON 3RD AND GATES AND TO RETURN TO THE CITY COUNCIL WITH SOME POSSIBLE SOLUTIONS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Ray Kraljek of 201st Avenue indicated he felt the street was a poorly designed street. Page 2 I City Council Minutes April 7. 1986 ~ 5. Deerfield 3rd Improvement - Feasibility Study The City Administrator indicated that the feasibility study had been authorized by the City Council on March 17. 1986. He indicated the City has a petition of 100% of the property owners requesting the improvements. The City Administrator stated that in order to expedite the project the property owners could sign a waiver to their rights of a public hearing. The City Administrator stated that in looking at a project of this size. the City is in no position to absorb the front end costs if the project died after the plans and specifications were prepared. He recommended that we look at a cash deposit or letter of credit in case the project does not proceed past the plans and specifications. He indicated the money would be totally refundable if the project was completed. The City Administrator noted the access road issue is not resolved at the present time but felt the project should not be delayed because of this. He indicated that with the cash deposit or letter of credit we could proceed with the acceptance of the feasibility study. He further noted the City could stop the project at any time if the access road was not obtained. ~ Terry Maurer. the City Engineer. reviewed the feasibility study with the City Council and the audience. He indicated the plat consisted of 125 acres divided into 229 lots and a small 7 acre parcel not proposed to be platted. He stated the plat was proposed to be done in two phases. with phase one consisting of 187 lots and phase two consisting of 42 lots. He noted that all but 12 or 13 lots would be water and sewered with the sewer system being an extension of the existing gravity sewer system. He noted that because of the topography of the land 12 or 13 lots could not be sewered and would have private septic systems with some type of grinder system. Mr. Maurer also discussed the water main distribution system. street and drainage issues. and cost summary found in the feasibility study. He noted the estimated total project cost would be $1.005.700. He indicated the cost per lot would be approximately $5.200. The City Administrator noted that developer's agreement which would building permit application as amortization schedule. some conditions could be included in the allow for the lots to be paid off before opposed to sticking with the 15 year COUNCILMEMBER SCHULDT MOVED TO ACCEPT THE FEASIBILITY STUDY FOR SANITARY SEWER. WATERMAIN. STORM DRAINAGE AND STREET IMPROVEMENTS' IN THE DEERFIELD THIRD ADDITION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. Councilmember Gunkel questioned the effect the ponding area would have on the adjacent properties. The City Engineer indicated he felt it would not affect the residents. e Page 3 City Council Minutes April 7. 1986 ~ Councilmember Engstrom questioned whether there would be a problem with the mud and gravel from the driveways that would be washing into the streets. He indicated that it would be a good idea to request blacktop driveways. Terry Maurer suggested that this could possibly be handled in a covenance with the property. Councilmember Engstrom questioned the bituminous berm. He stated his concern was if the City allowed bituminous berm in this project they would be setting a precedent. Mr. Maurer indicated the reason for the bituminous berm is cost related. THE MOTION ACCEPTING THE FEASIBILITY STUDY PASSED 4-0. Mr. Lou Pollack indicated that nothing definite had been done on the northern access road at the present time. however his real estate agent has contacted a property owner who is willing to give consent for an easement through her property for the road. He further noted that because of the terrain of the land the road would not be in a straight line. He noted that what is actually holding the situation up is the fact that they are trying to establish a route for the road. The City receiving Developer. Council set the letter the date of credit of in April 15 for the deadline date of the amount of $25.000 from the ~ COUNCILMEMBER WILLIAMS MOVED TO APPROVE RESOLUTION 86-23. A RESOLUTION 01U)ERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER. WATER MAIN, STORM DRAINAGE AND STREET IMPROVEMENTS FOR DEERFIELD THIRD ADDITION AS ADOPTED WITH THE FOLLOWING CONDITIONS: THAT CONDITION 13 SHALL READ AS FOLLOWS: "THE PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE MAKING OF SUCH IMPROVEMENTS SHALL BE CONTINGENT UPON THE RECEIPT OF $25.000 CASH DEPOSIT OR LETTER OF CREDIT FROM THE PETITIONERS TO PROVIDE THE COST OF THE PREPARATION OF SAID PLANS AND SPECIFICATIONS. INCLUDING THE FEASIBILITY STUDY." THAT CONDITION NUMBER FOUR BE ADDED TO THE RESOLUTION STATING PREPARATION OF PLANS AND SPECIFICATIONS ARE CONTINGENT ON THE SIGNING OF THE WAIVER OF RIGHT TO PUBLIC HEARING AND RIGHT TO OBJECT. THAT PROCEDURE FOR PAYMENT OF THE ASSESSMENTS BE ADDED TO THE RESOLUTION STATING ALL ASSESSMENTS WOULD BE PAID AT TIME .OF BUILDING PERMIT APPLICATION. THAT THE WAIVER FORM BE REVIEWED AND APPROVED BY THE CITY ATTORNEY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle noted that Item six would be heard after the public hearings. ~ Page 4 City Council Minutes April 7. 1986 ~ 7. Administrative Subdivision Request by Daniel Coborn Stephen Rohlf. Building and Zoning Administrator. noted that Mr. Coborn. is requesting an administrative subdivision to split a 10.88 acre parcel of land into four lots creating Parcel A - 1.251 acres. Parcel B .868 acres. Parcel C - .911 acres and the remaining piece of land being 7.85 acres. He noted Parcels A. B. and C was intended to be used for apartment buildings. The Building and Zoning Administrator noted that there was a possibility there was unsuitable ground for building in Parcel A. He further noted that there was an artesian well on Parcel C which should be addressed. The Building would be in and further garages. and Zoning Administrator stated that Parcels A. B. and C keeping with the Ordinance as far as density units per acre indicated they are proposing a '0' lot line for the Mayor Hinkle opened the public hearing. Ray Kra1jek questioned how many units would be allowed under the previous zoning of the property. e Andy Wojtanonicz indicated they were proposing 3 - 18 unit apartment buildings. Mayor Hinkle closed the public hearing. Discussion was held regarding the artesian well. It was the consensus of the City Council to direct city staff to address the artesian well and bring the matter back to the City Council at a later date. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY DANIEL COBORN FOR PROPERTY LEGALLY DESCRIBED AS THAT PART OF LOT 10. BLOCK 4. AUDITOR'S SUBDIVISION 15. WITH A PARK DEDICATION FEE TO BE PAID TO THE CITY OF 10% OF THE RAW VALUE OF THE LAND ON PARCELS A. B. AND C. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4- O. 8. Administrative Subdivision Request by Tim Smith The Building and Zoning Administrator noted that Tim Smith was requesting an administrative subdivision to eliminate the lot lines between lots 7 and 8 and also lots 9 and 10 of Camp Cozy. 5th Addition in order to create two buildable lots out of four non-buildable lots. He noted that lots 7. 8. 9 and 10 are non-conforming lots of record. He also noted that Gregg Johnson. owner of Lot 11. built a house which encroaches across the lot line into Lot 10 approximately 13 foot. He noted that these properties are going through torrence registration and further noted the City can approve the administrative subdivision with no legal ramifications. e .;~l Ii""'} )J Page 5 City Council Minutes April 7. 1986 ~ Mayor Hinkle opened the public hearing. Greg Johnson was present and indicated with Tim Smith's subdivision he would lose 50' on the river. however he would not object to Smith's subdivision request if he were guaranteed 30 feet on the road. Tim Smith noted he could not wait with this until torrence registraton was completed because it sometimes takes 9 months. He noted he would lose out on the low interest rates. COUNCILMEMBER WILLIAMS MOVED TO TABLE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY TIM SMITH UNTIL THE 21ST OF APRIL. AT WHICH TIME THE COUNCIL WOULD LIKE TO SEE A MORE DETAILED SITE PLAN OF THE AREA AND TO SEE MR. SMITH AND MR. JOHNSON COME TO SOME KIND OF TERMS WHICH CAN BE PRESENTlID TO THE COUNCIL IN AN ORDERLY FASHION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0.. 9. Administrative Subdivision Requested by Gary Denzer The Building and Zoning Administrator noted that Mr. Gary Denzer of 10481 203rd Avenue NW was applying for an administrative subdivision to divide one parcel of land into two parcels. the first being approximately five acres and the other thirty acres in size. ~ Mr. Gary Denzer informed the Council that his house was located on the five acre parcel of land and they were proposing to divide the thirty acre parcel off to sell. He indicated he was proposing a 33 foot easement on the south edge of the property which an individual could upgrade and have his own private access onto his property. The Building and Zoning Administrator noted there was a 33 foot easement which is dedicated to public utilities and road purposes. and indicated the owner of the 30 acre parcel would have to enter into a private road agreement. Mayor Hinkle opened the public hearing. Ray Kraljek. a neighboring resident of Mr. Denzer's. indicated he was not against the granting of the subdivision. Martin Tracy questioned where the access road would be. Councilmember Engstrom noted he was not in favor of the request due to the fact that there was a good chance that the people buying the 30 acre parcel would be back to the Council requesting an administrative subdivision. Mayor Hinkle closed the public hearing. ~ e Page 6 City Council Minutes April 7. 1986 Councilmember Gunkel indicated she was aprehensive of what the future for this property may hold. but felt since there was no land locked property being created she would vote in favor of the subdivision. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY GARY DENZER. COUNCILMEMBER SCHULDT SECONDED THE MOTIOH, THE MOTION PASSED 3-1. COUNCILMEMBER ENGSTROM VOTING AGAINST THE MOTION. 10. Variance Request by Elk River Machine The Building and Zoning Administrator noted that Elk River Machine was requesting a variance for a 32.5 foot encroachment on the required 50 foot front setback in a medium industrial zone to build an addition to their building. He further noted that the Planning Commission had recommended approval of the variance at their March meeting. He noted the proposed addition would stay in the same line as the existing building and would be buildable as far as building code requirements. Mayor Hinkle opened the public hearing. No one appeared for or against the public hearing. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE V AllIANCE TO THE SO rOOT rIWm SETBACK REQUIREMENT REQUESTED BY ELK RIVER MACHIn. COUNClt.MDmJill e ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Variance Request from House of Rental e The Building and Zoning Administrator noted that Jerry Minor is requesting a variance to the signage allowed on his building located at 16860 and 16862 Highway 10. He indicated Mr. Minor is requesting a variance of 94 square feet. The Building and Zoning Administrator noted that there were two existing uses. Mr. Tire and a future use. The House of Rental. He noted that Mr. Tire has used most of the permitted amount of signage. He noted the Planning Commission recommended two 60 square foot signs making a total of 20' over the sign requirement. Mayor Hinkle opened the public hearing. opposition of the request. No one appeared for or in Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE 20' VARIANCE TO THE SIGN ORDINANCE REQUESTED BY MR. MINOR FOR THE HOUSE or RENTAL AS RECC>>IMENDED BY THE PLANNING COMMISSION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. ' Councilmember Schuldt noted that if the signs were to be replaced. they should be replaced in accordance to the sign ordinance. THE MOTION PASSED 4-0. Page 7 City Council Minutes April 7. 1986 ~ 12. Site Plan Review for Coast to Coast Store Dick Nelson. representing Coast to Coast. presented the site plan to the City Council. He noted Coast to Coast would be on Lot 4. Block 1 of Elk River Plaza. 2nd Addition. The Building and Zoning Administrator noted that the drainage was reviewed by Terry Maurer. the City Engineer. and noted the requirements in Terry Maurer's letter to Mr. Rohlf. He also indicated that Russ Anderson. the Fire Chief. had reviewed the plan and as per Planning Commission recommendation. he recommended the following: 1. the Fire Department Hook-up to sprinkler system be in the northwest corner of the maintenance room. 2. Loading area be designated physically on the ground and that a 20 foot fire lane be maintained free of obstructions from parking. loading etc. around the building. 3. 20' wide easement from the front doors of the Coast to Coast Store be maintained to the parking lot free of any parking spaces for Fire Department access and also to aid in exiting the building in case of emergency. The Building and Zoning Administrator then noted the Staff concerns which are as follows: e 1. The building be handicap accessible. 2. The loading area be designated on the site plan and should not interfere with the 20' fire lane. 3. Trash receptacles be screened and also identified on the site plan. 4. Sprinkler system for fire protection must be provided in the building. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE COAST TO COAST SITE PLAN ADDRESSING THE. ABOVE MENTIONED CONCERNS OF THE CITY ENGINEER. CITY FIRE CHIEF AND CITY BUILDING AND ZONING INSPECTOR. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Park Dedication The Building and Zoning Administrator direction from the Council as to park administrative subdivisions. He indicated a to eliminate inconsistencies in the charging indicated he would like some dedication fees required from policy should be set in order of the fee. Counci1member Williams indicated he would rather see a flat fee per domicile rather than charging 10% of the raw land value. Discussion was held on the problems created with the City accepting pieces of land for parks that have virtually no value and more than likely would never be used for parks. e It was the general consensus of the City Council to charge a flat fee per domicile for park dedication. Page 8 City Council Minutes April 7. 1986 ~ 14. Survey Requirements The Building and Zoning Administrator indicated he was requesting that the City Council review the certificate of survey requirement and establish a policy. He stated the previous Building and Zoning Administrator requested a survey on lots less than ten acres in size. He indicated he fe1 t a survey on lots less than five ac res in size would be appropriate. He stated that requiring surveys on lots less than five acres may be more restrictive than we have to be. COUNCILMEMBER WILLIAMS MOVED TO DRAFT A RESOLUTION STATING THAT SURVEYS ARE REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE ON LAND UNDER FIVE ACRES IN SIZE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Update Items From Street Superintendent A. Boulevard Trees The Street Superintendent indicated the 1986 budget provided for the purchasing of 65 bare root trees. and questioned whether he should go ahead with the project. ~ Discussion was held on where the trees should be planted. It was suggested that trees be planted on Norfolk and Morton and also School Street and Freeport. The City Council indicated Phil Hals should order the trees and proceed with the project. B. Overlay Projects The Street Superintendent indicated he would like to look into some subdivision overlay projects in 1986. He indicated the subdivisions he had in mind were Ridgewood East. Knollwood and portions of Riverview Heights. He indicated the existing asphalt is in deteriorating condition and seal coating would not be adequate. Discussion was then turned to the condition of Main Street and the fact that Main Street could also use an overlay since the Main Street Project had been cancelled for this year. It was the consensus of the Council that Main Street be included in the overlay projects to be done in 1986. The Council directed tbe Street Superintendent to hold informational meetings with the residents regarding the overlay projects. It was the consensus of the Council to hold the meetings on a staff level with the public. Work on Main Street will not be included in the proposed discussion of overlay projects. e Page 9 City Council Minutes April 7. 1986 ~ C. Trash Containers in Orono Park The Street Superintendent indicated that Dick Hetland had approached him regarding trash collection in Orono Park. The Council directed Phil Hals to continue to have the Street Department employees empty the trash in the parks because of the fact that this was not a budgeted item for in the 1986 budget and also because it would not address the trash collection from the downtown area. D. Purchase of Radio Equipment The Street Superintendent indicated he would like purchase two motorola radios. One radio would be in grader and the other in one of the Tandem dump trucks. the cost would be $695.00 per radio and also $150.00 reducer for the grader. permission to the Cat 120 G He indicated for a voltage It was the consensus of the City Council to wait on the purchase of the radio equipment due to the fact that it was not a budgeted item. e The Street Superintendent also informed the Council that he felt it was necessary that the Building and Zoning Administrator and the Building Inspector purchase pagers. He indicated that most of the time they are out of the car and cannot be reached by radio without a pager. It was the consensus of the City Council to look into the purchase of two pagers for the Building and Zoning Department. Mr. Dreissen indicated he would check into Honeywell. He noted they had some that were not in use and that they could possibly donate them to the City. E. Flashing Lights for School Street Pedestrian Crossing The Street Superintendent indicated that the Council had requested that he gather informaton regarding traffic control devices for pedestrian crossing at Gates and School Street and Irving and School Street. He indicated that the prices he obtained were $6.100 with push button controller and $4.900 with time clock control. He indicated this was more than he had anticipated. The Council directed the Street Superintendent to check further to see if he could come up with other suppliers for the product. They also indicated that the School District should at least be informed as to what the City has done regarding this matter. F. Excavation of Utility Site e The Street Superintendent indicated that Buffalo Bitumionous will be leveling the remaining concrete at the proposed site for a new public works building. He indicated he felt we would get a better job done e e e Page 10 City Council Minutes April 7. 1986 if some of the soil were removed first. Phil Hals indicated that Mr. Ken Stone had indicated he would excavate the dirt with his equipment at no expense for the black dirt he can obtain. He noted the only problem with this is that the City would have to pump the water down and rent a low ground pressure dozer prior to the dumping of the concrete. He noted that the cost would be about $1.000 per week for this. The City Council directed the Street Superintendent to investigate the situation more closely to see if anything else could be done to avoid spending the $1.000. 15. Administrator's Update A. Appointment to Recreation Board COUNCILMEHBER SCHULDT MOVED TO APPOINT JOAN GEROY TO THE RECREATION BOAM> FOR A ONE YEAR TERM. AS OPPOSED TO A THREE YEAR TERM. EXPRIRING JANUARY 1. 1987. IN ORDER TO STAGGER THE TERMS OF THE MEMBERS. COUNCILMEHBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. B. Municipals Spring Meeting COUNCILMEHBER SCHULDT MOVED TO AUTHORIZE SANDY THACKERAY. SHARON MADE. JOAN GEROY. LINNEA MCRAE AND MICHELLE CUNZ TO ATTEND THE MUNICIPALS SPRING MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Annual Report from Library Board The City Administrator noted that the Council has been given an annual report from the Elk River Library Board for their review. D. Hiring of Additional Street Department Employee The Street Superintendent indicated that he had included in his budget the hiring of an additional employee for the Street Department and would like to start the process. The Council directed the Street Superintendent to go ahead with the process of hiring a person for his department. 16. Check Register COUNCILMEHBER GUNKEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 11 City Council Minutes April 7. 1986 tit 17. Adj ournment e e COUNCILMEMBER WILLIAMS MOVED TO ADJOURN THE ELK RIVER CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4- O. The Elk River City Council adjourned at 11:05 p.m. JJ~ ~,J.-~~ Sandra Thackeray 0 Recording Secretary