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04-21-1986 CC MIN e e e REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. APRIL 21. 1986 Members Present: Mayor Hinkle. Counci1members Gunkel. Schuldt. and Engstrom. Members Absent: Councilmember Williams Staff Present: Tom Bublitz; City Administrator. Terry Maurer; City Engineer. and Steve Rohlf; Building and Zoning Administrator 1. The meeting was called to order by Mayor Hinkle at 7:30 p.m. 2. Consideration of Agenda COUNCILMBMBER GUNKEL MOVED TO APPROVE THE APRIL 21. 1986 CITY COUNCIL AGENDA. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3- O. 3. April 14. 1986 City Council Minutes It was noted that on page three. the first motion. regarding department head salaries. should be seconded by Councilmember Gunkel. Also on page three. item /15 - "Councilmember Williams seconded the motion. The motion passed". should be added. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE APRIL 14. 1986 CITY COUNCIL MINUTES AS CORRECTED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike Joe Engebrit inquired whether the City had taken any action regarding the service road on Simonet Drive. Terry Maurer. City Engineer. indicated he had contacted the DNR and the State of Minnesota regarding the right-of- way to build the road. He stated the DNR indicated that if it was wet land. it would be possible to come up with a mitigation plan which they would accept. Mr. Maurer further indicated that the State of Minnesota would not answer any questions over the phone and further indicated they requested a letter from the City to the District Engineer. He indicated he had sent the District Engineer a letter and the State indicated they received the letter and would transfer the letter to the people it should go to and that the City should have a response by the end of April. A neighboring resident of the Simonet Drive area indicated he felt he was not certain a service road would be something everyone would be in favor of. He indicated he felt it would be a great inconvenience. The City Council directed Mr. Maurer to continue his investigation of a solution to this matter. Page 2 City Council Minutes April 21. 1986 e 5. Consideration Xenia Avenue. Improvements of Resolution Accepting Bids and authorizing Contract for 6th Lane. and Simonet Drive Sanitary Sewer and Water Main Councilmember Schuldt noted he was under the impression that the City was to acquire all information regarding the project and then set a public meeting date in order to inform the residents of the data collected. The City Administrator indicated that he had sent a copy of Terry Maurer's letter to each resident explaining the matter. along with a cover letter from himself stating the intent of the meeting being held this evening. Jerry McChesney questioned what the affect would be on the bid if there would be no water involved. Mr. Maurer indicated they would approach it as a change order. Mr. McChesney also questioned whether they would have to pay for the road construction again if the water were put in at a later date. The City Engineer indicated that the street would have to be paid for again if water were put in at a later date. e A question was brought up regarding whether the interest rate would have any affect on municipal bonds in paying back the assessments. The City Engineer indicated there could possibly be a 1% drop or there could be a chance that some projects could be lumped together in order to get a better interest rate. Discussion was held regarding the costs for the hook up from the street to the house. COUNCILMEMBER ENGSTROM MOVED TO HOLD A PUBLIC INFORMATIONAL MEETING NEXT WEEK. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Councilmember Gunkel questioned the purpose of holding a public informational meeting. She indicated she felt the meeting they were presently holding would be adequate. THE MOTION FAILED 1-3. MAYOR HINKLE. COUNCILMEMBERS ENGSTROM AND GUNKEL VOTED AGAINST THE MOTION. It was questioned by one of the residents whether curbing would be installed. Terry Maurer indicated that curbing would be replaced if needed. but no new curbing would be installed. It was the consensus of the City Council that no informational meeting would be necessary since the residents were made aware of the April 21 meeting and further because of the fact that another meeting would delay the proj ect. e COUNCILMBMBER SCHULDT MOVED TO ADOPT RESOLUTION 86-24. A RESOLUTION ACCEPTING BIDS AND <AUTHORIZING CONTRACT FOR XENIA AVENUE. 6TH LANE. < AND SIMONET DRIVE SANITARY SEWER AND WATER MAIN IMPROVEMENTS. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Page 3 City Council Minutes April 21, 1986 e 6. Presentation by Craig C. Ruschmeyer, Field Director for Sentator Rudy Boschwitz Mr. Ruschmeyer indicated that he travels around the State trying to get the concerns of the surrounding communities. Mr. Ruschmeyer gave a short presentation to the Council and had a short question and answer period. 7. Resolution Approving Plans and Specifications and Ordering Advertisement For Bids for School Street Sanitary Sewer Improvement Project COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 86-25. A RESOLU~ION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SCHOOL STREET SANITARY SEWER IMPROVEMENT PROJECT (IMPROVEMENT PROJECT 1986-1). COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Resolution approving Plans and Specifications for Water Tower COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-26. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WATER TOWER WATER MAIN EXTENSION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Transient Merchant License Request by Robert Madland e Mayor Hinkle noted that Robert Mad1and has applied for a Transient Merchant License to sell flowers in the parking lot of Northbound Liquor Store for 1986. He indicated Mr. Mad1and had received a license for this same purpose last year. Mayor Hinkle opened the public hearing. opposition of the request. No one appeared for or in Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL REQUEST BY ROBERT NORTHBOUND LIQUOR. MOTION PASSED 3-0. MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE MADLAND TO SELL FLOWERS IN THE PARKING LOT OF COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE 10. Administrative Subdivision Request by Mrs. Lester Anderson The Building and Zoning Administrator indicated that Mrs. Lester Anderson was requesting to subdivide 2.5+ acres of land from a 40 acre piece of property she presently owns. He indicated Mrs. Anderson is proposing the subdivision to provide a building site for her grandaughter. The Building and Zoning Administrator indicated that the property is in an R-1a zone and requires a minimum of 2 1/2 acres. He indicated that this proposed subdivision meets all criteria. e Page 4 City Council Minutes April 21. 1986 e Mayor Hinkle opened the public hearing. opposition of the request. No one appeared for or in Mayor Hinkle closed the public hearing. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR MRS. LESTER ANDERSON WITH THE STIPULATION THAT A PARK DEDICATION rEI BE PAID TO THE CITY OF ELK RIVER IN THE AMOUNT or 10% or THE RAW VALUE or THE 2 1/2 ACRE PIECE OF LAND. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 11. Administrative Subdivision Request by Tim Smith/Cont. Public Hearing Mayor Hinkle noted that Tim Smith had requested an administrative subdivision to eliminate lot lines between lots 7 & 8 and 9 & 10 of Block 3. Camp Cozy 5th Addition and also to move the east line of Lot 10 approximately 18 feet to the west. at the April 7. 1986 City Council Meeting. He further noted that this public hearing was tabled until such time that more information could be presented to the City Council. Mayor Hinkle reopened the public hearing. No one appeared for or against the request. Mayor Hinkle closed the public hearing. e COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY TIM SMITH, WHICH WOULD INCLUDE THE VARIANCE rOR THE ENCROACHMENT OF GREG JOHNSON'S HOUSE AND FURTHER THAT THE EXHIBITS PRESENTED BY TIM SMITH BE ON FILE AT CITY HALL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Administrative Subdivision Request by Irv Moldenhauer Steve Rohlf. Building and Zoning Administrator. noted that Mr. Irv Moldenhauer of 12860 Orono Road. Elk River is requesting an administrative subdivision to divide one parcel of land into two parcels creating a 1.06 acre parcel and a 1.00 acre parcel. He indicated that the land was located in an R-1b zone and the proposed subdivision will meet lot size and minimum frontage requirements. Mr. Rohlf indicated that Mr. Moldenhauer is interested in giving the City one acre of land to use as a park. Mr. Rohlf indicated he had talked to Phil Hals. the City's Street Superintendent. and Mr. Hals had indicated he would be able to grade and seed the park. Mr. Rohlf indicated there had been an agreement with the residents who had first purchased property in Orono Lake Third Addition that a park would be put in for the neighborhood. e Page 5 City Council Minutes April 21. 1986 e Mayor Hinkle opened the public hearing. Mary Wells questioned why the area was orignially platted with an outlot. She also questioned what side of the lot the park would be on. Mr. Moldenhauer indicated the park would be on the west side. Mrs. Wells indicated they had negative feelings about the park. She indicated she didn't like the idea of a park because it could be a place for juveniles to congregate. She also questioned whether the park would affect the taxes. Mr. Larry Ebert indicated there were many people in the neighborhood who were led to believe there would be a park in the neighborhood and would like to see it get started. He indicated he felt the park would be used primarily by children in the neighborhood. Mayor Hinkle indicated he had a negative feeling about small neighborhood parks mainly because it takes staff time and money to keep them maintained. Tom Zerwas indicated he bought the lot across from the outlot in 1977 for the sole purpose of having a park near his home. He stated he would be opposed to the City not granting the park Mr. Moldenhauer is proposing. e Mary Wells indicated she felt that as long as the park is proposed for the corner of the lot she would not be opposed to the park. Paul Bell indicated he would like to see a park in the neighborhood. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY IRV MOLDENHAUER FOR OUTLOT B OF ORONO LAKE THIRD ADDITION WITH THE INTENTION OF DONATING THE WEST ONE ACRE TO THE CITY FOR THE SOLE PURPOSE OF CREATING A NEIGHBORHOOD PARK TO BE MAINTAINED BY THE CITY or ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Councilmember Engstrom indicated he agreed with Mayor Hinkle regarding the problems created by neighborhood parks. 13. Administrative Subdivision Request by Lloyd Anderson - Public Hearing Steve Rohlf indicated that Mr. Lloyd Anderson had requested an administrative subdivision for property legally described as the northerly 90 feet of Lots 10. 11. & 12 of Block 3. a Corrected Plat of Thomas Addition to the Village of Elk River. Mayor Hinkle opened the public hearing. No one appeared for or against the request. ~ Mayor Hinkle closed the public hearing. Page 6 City Council Minutes April 21. 1986 e Steve Rohlf indicated that this item was withdrawn at the request of the applicant. Administrative Subdivision Request Hearing by Lloyd Anderson Public Steve Rohlf indicated that Mr. Lloyd Anderson is requesting an administrative subdivision to create two lots out of three. legally described as Lots 1. 2. and 3. Block 8. Plat of Orono. He indicated these lots were originally platted to have an access onto Second Street. Mr. Rohlf indicated that Second Street was never platted which. therefore. left Lots 1.2.&3 without access. Mr. Rohlf stated that Mr. Anderson is proposing to split the three lots in half creating two lots. a northerly lot and a southerly lot. He indicated both lots would then have access onto Xenia Avenue. He also indicated he was recommending no park dedication fee be paid because of the fact that Mr. Anderson was creating two lots out of three lots. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. e COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY LLOYD ANDERSON FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1, 2, & 3. BLOCK 8. OF THE PLAT OF ORONO. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. Variance Request by Lloyd Anderson - Public Hearing Mr. Rohlf indicated that Lloyd Anderson is requesting a variance for a 15 foot encroachment on the 35 foot front yard setback for a dwelling in an R-lb zone which would be the southerly lot created in the previous administrative Subdivision for Lots 1. 2. & 3. Block 8 of the Plat of Orono. He indicated that the reason for the request is an economic hardship due to the steepness of the lot and an inability to build on it without an excessive amount of fill. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. Mr. Lloyd Anderson stated that his intent was to line the house up with the existing house to the north. therefore he felt he would only need an 11 foot variance. e COUNCILMEMBER UQUIUD 3.5 LOTS 1. 2, THE MOTION. ENGSTROM MOVED TO APPROVE AN 11 FOOT VARIANCE TO THE fOOT fRONT YAIm SE'l'BACK roa PROPER'1'Y LEGALLY DESCRIBED AS & 3, BLOCK 8, PLAT OF ORONO. COUNCILMEMBER GUNKEL SECONDED THE MOTION PASSED 3-0. Page 7 City Council Minutes April 21, 1986 e 16. Variance Request by Standard Lumber - Public Hearing Steve Rohlf indicated that Standard Lumber is requesting a variance to encroach 46 feet on the required 50 foot front yard setback in an I-1 zone in order to build an addition to their existing building. Mr. Rohlf noted the reason for the request was because the existing building already encroaches on the required setback, and Standard Lumber is requesting to keep the addition in line with the existing building. Commissioner Mary Temple, representing the Elk River Planning Commission, indicated the Planning Commission recommended approval of the variance requested by Standard Lumber with the stipulation that the building code restrictions of a one hour fire resistant wall with no openings be constructed on the 4th Street side. Mayor Hinkle opened the public hearing. opposition of the matter. No one appeared for or in Mayor Hinkle closed the public hearing. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE V ARIANC! MQUI!lO'nlD :n STANDARD LUMBER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 4It 17. Administrative Subdivision Request by Standard Lumber - Public Hearing Steve Rohlf indicated that Standard Lumber was requesting an administrative subdivision to remove the lot line between lots 2 and 3 of Block 10, Village of Elk River. He indicated that the addition Standard Lumber is proposing on their existing building would straddle the lot line between Lots 2 and 3, and therefore they would like to eliminate this lot line. Mayor Hinkle opened the public hearing. No one appeared for or against the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY STANDARD LUMBER TO REMOVE THE LOT LINE BETWEEN LOTS 2 AND 3 OF BLOCK 10, VILLAGE OF ELK RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 18. Variance Request by Jerry Johnson - Public Hearing e Planning Commissioner Mary Temple indicated that Jerry Johnson was requesting a 2 foot variance to the 20 foot side yard setback in an R-1b zone for property legally described as Lot 12, Block 1, Island View 1st Addition. She indicated he is building a home and wishes to encroach two feet to accommodate a four foot deck to add to his house. She stated the Page 8 City Council Minutes April 21. 1986 e Building and Zoning Administrator had indicated this would be a good idea for safety reasons because it would provide a fire escape for the house. Commissioner Temple noted there was a neighbor present at the Planning Commission meeting who stated he had no objections to the variance. She further stated the Planning Commission recommended approval of the variance. Mayor Hinkle opened the public hearing. No one appeared for or against the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 2 FOOT VARIANCE TO THE 20 FOOT SIDE YARD SETBACK FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 12. BLOCK 1. ISLAND VIEW 1ST ADDITION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 19. Variance Request by Virgil Sonju Planning Commissioner Temple indicated that Mr. Sonju who lives at 18204 Albany Street. Elk River. is requesting a 10 foot variance to the 20 foot side yard setback in an R-1b zone in order to accommodate a 10' addition to his existing garage. Commissioner Temple indicated that the Planning Commission recommended approval of the variance request. e Mayor Hinkle opened the public hearing. Mr. Bob Turcotte questioned the type of extension that would be used for the addition. Mr. Turcotte indicated he had no objection to the variance if Mr. Sonju did not place his garbage cans on the side of the garage. which would be near his property line. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE 10 FOOT VARIANCE TO THE 20 t SIDE YARD SETBACK FOR PROPERTY LOCATED AT 18204 ALBANY STREET. ELK RIVER. OWNED BY MR. VIRGIL SONJU. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 20. Variance Request by Tom McNair - Public Hearing e Commissioner Temple indicated that Mr. Tom McNair who lives at 22175 Grant Street NW was requesting a variance from the 600 foot setback for a metal skinned building to a neighboring residence or platted area in an A- 1 zoned area. She indicated that the neighbor on the side that would be affected by the metal-skinned building had some buildings of his own on his land which would obstruct his view from Mr. McNair's metal skinned building. She indicated Mr. McNair would be using his structure for storage and further indicated the Planning Commission recommended approval of the Variance. Page 9 City Council Minutes April 21. 1986 - Mayor Hinkle opened the public hearing. No one appeared for or against the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUESTED BY TOM MCNAIR WHICH WOULD ~LOW HIM TO BUILD A METAL SKINNED BUILDING LESS THAN 1.000 SQUARE FEET IN SIZE TO BE LOCATED 350' FROM HIS NEAREST NEIGHBORING RESIDENCE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 21. Zone Change Request by ITT Thorpe - Public Hearing Commissioner Mary Temple indicated that Mr. Andrew Wojtanowicz was requesting a zone change from R-1C to R-3 on property legally described as the N 183' of E 297' of NE 1/4 of SE 1/4 of Section 34. Township 33. Range 26. Sherburne County. located next to the Barrington Place PUD across 5th Street to the north. Commissioner Temple indicated that this property had been before the Council previously for rezoning and was denied at that time. e Commissioner Temple indicated the Planning Commission was recommending that the City Council deny the zone change because they felt this definitely would be spot zoning. She indicated several people from the neighborhood were present and had spoke against the rezoning because they felt the area was not suitable for an apartment complex. Mayor Hinkle opened the public hearing. Mayor Hinkle noted that when this came before the Council in 1982 the Council was concerned about the topography of the land and also felt this would be spot zoning. and therefore denied the request. Mr. Rasmussen indicated he felt there was enough apartments in the area without rezoning the property and adding more. Mayor Hinkle closed the public hearing. COUNCILMlMBER ENGSTROM MOVED TO DENY THE ZONE CHANGE REQUEST FOR THE ABOVE DESCRIBED PROPERTY FROM A R-1C ZONE TO A R-3 ZONE FOR THE FOLLOWING REASONS: 1. THE REASON FOR A ZONE CHANGE IS BECAUSE OF THE FEELING THERE WAS A MISTAKE IN THE ORIGINAL ZONING OF THE PROPERTY. THE CITY COUNCIL DOES NOT FEEL THERE WAS A MISTAKE IN ZONING THE PROPERTY R-1C. 2. THE JUSTIFICATION FOR REZONING WOULD BE RELATED TO A SUBSTANTIAL CHANGE IN THE AREA. THERE HAS BEEN NO SUBSTANTIAL CHANGE IN THIS AREA . e Page 10 City Council Minutes April 21, 1986 e 3. THERE HAVE BEEN OTHER REQUESTS IN THIS SAME AREA THAT HAVE BEEN DENIED . 4. IT WOULD BE CREATING A SPOT ZONING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 22. Parking Ordinance The City Administrator indicated the Chief of Police was requesting an ordinance amendment to the City's Parking Ordinance as requested by the City's Attorney. The City Administrator Current Owner" after Parking Ordinance. indicated the words the request was to add the words "Or "registered owner" in item fl6 of the COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ORDINANCE AMENDMENT TO APPROVE ORDINANCE 86-3 AN ORDINANCE AMENDING SECTION 1100.10(6) OF THE ELK RIVER CIT! CODE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. e Sue Lakoduk was present and had a question pertaining to land she and her husband owned as to why it had been rezoned to a PUD. She indicated she was never notified of the zone change and indicated she wanted her land to be rezoned to the original zoning. Mayor Hinkle indicated she should talk to Steve Rohlf, the Building and Zoning Administrator. and see what they could resolve. He indicated she may have to come before the Council for a zone change. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE motion PASSED 3-0. There being no further business, COUNCILMEMBER ENGSTROM MOVED TO ADJOURN THE ELK RIVER CIT! COUNCIL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. The meeting of the Elk River City Council adjourned at 9:35 p.m. Sandy Thackeray Recording Secretary e