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05-19-1986 CC MIN e e e REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 19, 1986 Members Present: Mayor Hinkle, Councilmembers Engstrom, Gunkel and Williams. Members Absent: Councilmember Schuldt Staff Present: Patrick Klaers; City Administrator, Stephen Rohlf; Building and Zoning Administrator, Peter Beck; City Attorney 1. The meeting of the Elk River City Council was called to order at 7:30 p.m. by Mayor Hinkle. 2. Consideration of Agenda Items 2001, were. 15A - Artesian Well. 15B - 3rd & Gates, 15C - Council Booth. 15D - 15E - Audit. 15F - Water Tower Painting, and 17(2) Deerfield 2nd added to the agenda. COUNCILMlMBER ENGSTROM MOVED TO APPROVE THE MAY 19, 1986 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes of the May 12. 1986 City Council Meeting COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MAY 12, 1986 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 11. Economic Development Commission Update Mayor Hinkle noted that at the present time the City Ordinance states that the Economic Development Commission must consist of 20 members. It was the consensus of the City Council to decrease the number of members on the commission. COUNCILMEMBER GUNKEL MOVED TO ADOPT ORDINANCE 86-4 AN ORDINANCE AMENDING SECTION 215 OF THE ELK RIVER CITY CODE RELATING TO THE COMPOSITION OF THE ECONOMIC DEVELOPMENT COMMISSION. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. COUNCILMEMBER ENGSTROM MOVED TO APPOINT THE FOLLOWING PEOPLE TO THE ECONOMIC DEVELOPMENT COMMISSION: ELAINE ANDERSON - 2 YEARS LLOYD BRUTLAG - 3 YEARS HANKDUITSMAN 1 YEAR RICHARD GONGOLL 2 YEARS MAYOR HINKLE 1 YEAR KEITH HOLME 2 YEARS Page 2 e City Council Minutes May 19. 1986 BUD HOULTON CLIFF LUNDBERG CAROL MILLS JOHN OLIVER JIM SIMPSON LARRY TOTH 3 YEARS 1 YEAR 3 YEARS 1 YEAR 1 YEAR 3 YEARS AND FURTHER TO CONTACT THE FOLLOWING PEOPLE. AND IF THEY SHOULD AGREE. INCLUDE THEM AS MEMBERS: JERRY HAGEN 3 YEARS FRANK MAD SEN 2 YEARS JOHN PLAISTED 2 YEARS ROB VANVALKENBURG 1 YEAR AND FURTHER. THAT THE CITY COUNCIL. EXCLUDING THE MAYOR. SERVE AS AD HOC MEMBERS. AND THAT THE ABOVE TERMS SHALL BEGIN IMMEDIATELY. AND THE ONE YEAR TERMS WILL EXPIRE JANUARY 1. 1987. THE 'lWO YEAR TERMS EXPIRE JANUARY 1. 1988. AND THE THREE YEAR TERMS EXPIRE JANUARY 1. 1989. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 16. Check Register e COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CHECK REGISTER AS SUBMITTED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 17.2 Deerfield 2nd/Letter of Credit Steve Rohlf. Building and Zoning Administrator noted that the letter of credit for Deerfield 2nd for the blacktopping of the roads will expire June 1. 1986. He noted the grading is being done at the present time and the roads are to be tarred in one week to ten days. He noted the letter of credit should not be allowed to expire before the work is done. It was the consensus of the City Council to request an extension of the letter of credit for Deerfield 2nd Addition if the work is not done on schedule. 17.1 Correction of April 14. 1986 City Council Minutes COUNCILMEMBER WILLIAMS MOVED TO AMEND THE APRIL 14. 1986 CITY COUNCIL MINUTES AS FOLLOWS: ITEM 4(7) REGARDING SALARY RANGES - "CITY ADMINISTRATOR - $37.000 $44.000" AND "FINANCE DIRECTOR - $ 28.500 - $35.000". COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 15A.Artesian Well e Councilmember Gunkel stated that construction has taken place on 3rd and Gates and noted that at a previous Council meeting the artesian well was discussed. She noted the decision of the Council at that time was that the outcome of the well was to be left to the discretion of Terry Maurer. the City Engineer. Councilmember Gunkel stated that at the present time the water is being run down the street and stated this was not an acceptable solution. Page 3 e City Council Minutes May 19. 1986 Steve Rohlf. Building and Zoning Administrator. noted that he would contact the developers and order them to direct the water to run onto their own property until such time that this can be properly taken care of. He stated there were plans to use the well as an underground sprinkler system and have the overflow piped into a pond. 15B.Traffic Situation on 3rd & Gates Councilmember Gunkel noted that the traffic situation on 3rd and Gates was discussed at a previous Council meeting and the Council had directed Staff to come up with a solution to present to the City Council. She indicated she has not seen any improvement in the situation. Mayor Hinkle noted he would like to hear comments from the Police Chief and also from Terry Maurer regarding this matter. 5. Administrative Subdivision Request by Steve Engelmeyer/Public Hearing Steve Rohlf. Building and Zoning Administrator. noted that Mr. Engelmeyer owns 20 acres off of Grant Street. He indicated the land is zoned A-1. He indicated that Mr. Engelmeyer is proposing to split this 20 acres into two 10 acre parcels; that the minimum lot size and frontage requirements are being met; and both lots would be buildable. The Building and Zoning Administrator noted he is requesting $100 park dedication fee be paid to ~ the City. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY STEVE ENGELMEYER FOR PROPERTY LEGALLY DESCRIBED AS N 1/2 OF THE SE 1/4 OF THE SW 1/4. OF SECTION 1. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MINNESOTA. AND FURTHER THAT $100 BE PAID TO THE CITY OF ELK RIVER FOR PARK DEDICATION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Administrative Subdivision Request by Vernon Ohman/Public Hearing Steve Rohlf. Building and Zoning Administrator noted that Mr. Vernon Ohman of 9905 209th Avenue NW. is requesting to subdivide a 39 acre piece of land into three parcels. approximately 10 acres. 17 acres. and 12 acres in size. He noted the land is located in an A-1 zone and further that the m~n~um frontage and lot size requirements are being met and further that the lots created are buildable. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. 4It Mayor Hinkle closed the public hearing. Page 4 e City Council Minutes May 19. 1986 COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY VERNON OHMAN OF 9905 209TH AVENUE NW. AND THAT $200 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 7. Conditional Use Permit Re Fairgrounds)/Public Hearing Sherburne Count A ricultural Societ Stewart Wilson. Planning Commission Member presented this item to the City Council. Commissioner Wilson indicated that the Sherburne County Agricultural Society was requesting a conditional use permit for expansion of the fairgrounds which is located in an R-lb zone and is grandfathered in. He noted they were requesting to expand and erect additional buildings. He noted the Planning Commission recommended approval of the conditional use permit due to the uniqueness of the fairgrounds. Commissioner Wilson further indicated that the conditional use permit includes plans until the year 2000. Mayor Hinkle opened the public hearing. e Jim Nystrom. representing the Sherburne County Agricultural Society reviewed with the Council future plans of the fairground. Discussion was held regarding the entrance to the fairground and the need to have two entrances. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONDITIONAL USE FOR THE SHERBURNE COUNTY AGRICULTURAL SOCIETY (FAIRGROUNDS). COUNCILMEMBER GUNKEL SECONDED THE MOTION. After discussion regarding the variance for the signage. the motion was withdrawn until variance request was heard. 8. Variance Request by Sherburne County Agricultural Society on Permitted Amount of Signage/Public Hearing Commissioner Wilson noted the Sherburne County Agricultural Society was requesting a variance on the permitted amount of signage allowed in an R- Ib zone. He noted that without a variance the sign cannot exceed 24 square feet. He indicated they are requesting two 4 x 16 foot signs with a total of 128 square feet. He further noted the Planning Commission recommended approval of the variance request. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. e COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE VARIANCE REQUESTED BY THE SHERBURNE COUNTY AGRICULTURAL SOCIETY (FAIRGROUNDS) FOR A TOTAL OF 128 SQUARE FOOT OF SIGNAGE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. Page 5 e City Council Minutes May 19. 1986 COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF FAIRGROUND FACILITIES FOR THE SHERBURNE COUNTY AGRICULTURAL SOCIETY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Variance Request/expansion of a nonconforming use/Broadway Bar/Public Hearing Commissioner Wilson noted that the Planning Commission tabled this request because Richard Kurth did not have a site plan available at the Planning Commission Meeting. He noted that the Planning Commission did. however. examine the request to expand the bar which is a nonconforming use in a C- 3A zone. He noted they had no problem with the request. but could not recommend approval until the site plan was presented. Mayor Hinkle opened the public hearing. Kristine Dennis addressed the Council and noted she had a petition from the neighborhood with requests for certain conditions which they would like to see take place if the expansion is approved. e Steve Rohlf. Building and Zoning Administrator noted he felt the requests were legitimate and would be considered. COUNCILMEMBER ENGSTROM MOVED TO CONTINUE THE PUBLIC HEARING UNTIL SUCH TIME THAT THE PLANNING COMMISSION HAS MADE A RECOMMENDATION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. Pat Klaers. City Administrator. noted that the residents would be notified of the continued public hearing. but that it would not be readvertised in the newspaper. 10. Preliminary Plat Review - Vernon Court - Tim Smith/Public Hearing Commissioner Wilson noted that Mr. Smith of 13527 190th Avenue NW. Elk River is requesting a preliminary plat review of a plat that is approximately 4.25 acres which he is requesting to divide into 16 lots to accommodate duplexes. He noted the Planning Commission recommended approval with the conditions set forth in the memo from the Building and Zoning Administrator. He noted the lot sizes are in keeping with the density of the R-3 zone. Mayor Hinkle opened the public hearing. Councilmember Williams questioned Tim Smith as to whether there would be a problem with drainage. Mr. Smith noted that he is working on acquiring an easement to use the County ditch which lies east of the plat and would provide drainage for the plat. 4It Park dedication was discussed at this time. The Building and Zoning Administrator noted Staff was requesting a $2.000 park dedication fee because the developer is adding an additional 20 units to the 12 units requested on the original lot. e e e Page 6 City Council Minutes May 19. 1986 Councilmember Williams indicated should be $3.200 instead of $2.000. the same as Councilmember Williams. he felt that the park dedication fee Councilmember Engstrom noted he felt Steve Rohlf. Building and Zoning Administrator. noted that park dedication can only be charged for administrative subdivision situations. He noted that Mr. Smith is creating an additional 20 lots which is the reason for the $2.000 park dedication fee. Councilmember Williams noted he would like to continue this discussion regarding park dedication fees at the committee City Council meeting. Mayor Hinkle closed the public hearing. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE PRELIMINARY PLAT FOR VERNON COURT CONTINGENT ON STAFF RECOMMENDATONS IN THE MEMO TO MAYOR AND CITY COUNCIL FROM THE BUILDING AND ZONING ADMINISTRATOR DATED MAY 16. 1986. AND FURTHER THAT A $2.000 PARK DEDICATION FEE TO BE PAID TO THE CITY OF ELK RIVER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 12. Zone Change Request by Central Investment Corporation/Public Hearing Commissioner Wilson noted that Central Investment Corporation is requesting a zone change for two lots (Lots 4 & 5. Block 2. Ridgewood 2nd Addition) from R-2a to R-2b to accommodate four-plexes. He noted the Planning Commission recommended approval of the zone change request with a 3-2 vote. Mayor Hinkle opened the public hearing. Mark Lavelle indicated he lives behind the affected property and noted the density going from a duplex to a four-plex would be too great and felt it would be an infringement on the privacy of the neighborhood. Richard Vagts felt a four-plex was not justified in the proposed area. Mayor Hinkle closed the public hearing. Mr. Art Raudio. representing Central Investment. noted that across the street from the proposed zone change. there was an 18 unit building and also some 6 unit buildings. Councilmember Gunkel stated she had a problem with creating pockets of high density areas in the City. She noted that south of the lots it was all single family. Councilmember Gunkel noted she felt this would be a spot zone because two lots are being picked out in the middle of the block and that she was not in favor of the request. Mayor Hinkle stated he was not in favor of the request because of the reasons stated by Councilmember Gunkel. e e e Page 7 City Council Minutes May 19, 1986 Discussion was held at this time as to whether lots two and three of Block 2, were ever rezoned from R-2a to R-2b. The Council could not recall if a rezoning had been done. Councilmember Engstrom indicated he would be against the zone change unless lots two and three of Block two had been rezoned. He indicated if this were the case he would have to vote in favor of the request. Councilmember Gunkel noted this would not be creating a spot zone if these other two lots had been rezoned. COUNCILMEMBER GUNKEL MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE 2. 1986 CITY COUNCIL MEETING SO THAT THE STAFF COULD CHECK FURTHER INTO THE ZONING OF LOTS 2 AND 3, BLOCK TWO RIDGEWOOD EAST 2ND ADDITION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 13. Variance Request by Central Investment Corporation/Public Hearing COUNCILMEMBER ENGSTROM MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE 2. 1986 CITY COUNCIL MEETING. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. 14. Administrative Subdivision Request by Central Investment Corporation/Public Hearing COUNCILMEMBER WILLIAMS MOVED TO CONTINUE THE PUBLIC HEARING UNTIL THE JUNE 2. 1986 CITY COUNCIL MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0. 15. Conditional Use Permit for Viking Recreational Retreat/Public Hearing The Building and Zoning Administrator noted that the Council had in their packets the conditional use permit drafted by Dave Sellergren, a letter from the Minnesota Department of Natural Resources and a letter from Terry Maurer, the City's Engineer. Fencing was discussed at this time. Mayor Hinkle opened the public hearing. Mary Jo Miske indicated she had no problem with everybody getting a fence, but indicated she wanted to be sure to get the type of fence she requested. Frank Miske stated he wanted a six foot chain link fence. Weldon Schultz stated he would like a six foot chain link fence. Mrs. Turner noted she had a concern with regards to the wildlife in the pond and would not want to see a type of fence that would prohibit the wildlife from using the pond. She indicated she had no preference on the type of fencing. Page 8 e City Council Minutes May 19. 1986 Terry Tempesta indicated he would like a six foot chain link fence. The Mahudkas were not present at the meeting but had indicated to Mr. Raudio that woven fence would work for them. Mary Jo Miske noted she does not want to be responsible for putting up the fence. Frank Miske noted he wanted to be sure the fence had a top rail. Art Raudio read a letter he handed to the Mayor and Council members. The letter of credit was discussed at this time. It was the consensus of the City Council that the letter of credit need not include blacktopping of the roads. Mr. Frank Miske stated he had several surfacing should be done before the 30 the number of campsites should be Council was bending all the rules City. which included the following: Hard campsites are allowed to be opened; equal in all phases; he felt City to allow the campground in the e The dollar amount of the letter of credit was discussed. It was agreed that the letter of credit include the following: $60.000 for fencing and $50.000 for grading and seeding. It was noted that the letter of credit would be for phase I and when phase I was completed the letter of credit would be released. It was further decided that at the beginning of Phase II. the developers would go before the City Council and it would be determined at that time whether another letter of credit would be necessary for this phase. Mr. Bob Johnson. Attorney for the Developer. indicated to the City Council that there were Some items in the conditional use permit he would like to discuss. He noted that he would like some wording added to item #6 which would state that the registration records be available to the City Staff for inspection to control the maximum amount of stay. Mr. Johnson noted he is requesting that in #17. the number 40 which refers to the number of rental units allowed. be deleted. He indicated he would rather see a percentage figure. He noted that he felt that he would like to see the language changed in #17 regarding the size of the rental units by deleting the length and width numbers and state "portable" instead of the numbers. e The number of rental units was discussed. Mr. Johnson indicated the developers were requesting at least 50% rental units. The Council discussed the fact that at the Planning Commission meeting the developers were requesting only 30 rental units total. and now have raised it to 50%. This 50% would be 360 units out of the total proposed 720 units in all three phases. Councilmember Gunkel indicated that she felt 25% rental units would be a good starting point. Mr. Norm Holme indicated he did not want to put a limitation on the business by not being allowed to rent units. He indicated that when a person drives by. and looks at the campground. he would not be able to tell if the units are rental units or privately owned. Page 9 e City Council Minutes May 19. 1986 Councilmember Williams indicated he felt rental property gets worn down and is not kept in good conditon. Counc ilmemb er would control occupancy. Gunkel noted the problem that by regulating the length of stay. this of using the rental units as a permanent Steve Rohlf. Building and Zoning Administrator. indicated that the Planning Commission had recommended an ordinance amendment regarding the daycare and grocery store in the campground. It was the consensus of the City Council that the developer would have to initiate the ordinance amendment. Peter Beck. the City Attorney proposed the following amendments to the conditional use permit: That item 1/17 be changed as follows: "No more than 25% of the campsite open at anyone time to be occupied by rental units. and the developers may approach the City Council after one year of operation to seek an increase of the 25%." "Each campsite can have no more than 25% of the lot coverage and that the camping vehicle or rental unit be no more than 700 square feet in size. must be on wheels. can't be permanently attached other than to the utilities. and that no two campers be allowed to be e joined to each other." That item 1/6 be changed as follows: "Authorization be given to the City to look at registration records in order to enforce the two week maximum stay." That Item #29 be changed to amend the amount. and length of letter of credit "letter of credit to be $110.000; $60.000 for fencing. to be released when the fence is approved. and $50.000 for grading and seeding. to be released when the site is stabilized." It was also determined that the signage plan would be approved by the City Council at some other time. A fencing plan was drawn up at the meeting by Steve Rohlf that reflects the Council's desires and will be used as an exhibit to the conditional use permit. The chain link fences will have a top bar for support. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR THE VIKING RECREATIONAL RETREAT BY ART RAUDIO TO INCLUDE THE PROPOSED LANGUAGE CHANGES IN ITEMS 6. 17. 18. AND 29. AND THAT THE PHASING PLAN. AND FENCING PLAN BE INCLUDED AS EXHIBITS TO THE CONDITIONAL USE PERMIT. THAT THE GRADING AND SITE PLAN BE APPROVED BY THE CITY ENGINEER. AND ALSO THAT THE TITLE OPINION BE DELIVERED TO THE CITY ATTORNEY FOR THE SOUTH 40 ACRES. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3-0. e 15C.Community Festival Booth Councilmember Gunkel noted that the community festival would be June 14 and the City has rented a booth. Discussion was held regarding who would work at the booth and what time. Page 10 e City Council Minutes May 19, 1986 15D.2001 Councilmember Gunkel noted that the Steering committee had met and are considering getting information to the public starting with the newspaper. 15E.Audit Councilmember Gunkel questioned when the audit would be available to look at. The City Administrator indicated the audit would be available for discussion at the June 9, 1986 City Council Meeting. 15F.Water Tower Councilmember Gunkel questioned when the water tower would be painted. The City Administrator indicated he would contact the City Engineer and see if he could get a response regarding this. There being no COUNCIL MEETING. PASSED 3-0. further business, MAYOR HINKLE MOVED TO ADJOURN THE CITY COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION The Elk River City Council meeting adjourned at 11:50 p.m. .~~e=e~l Sandy Thackeray tit