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06-02-1986 CC MIN e e e REGULAR WEEKLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JUNE 2. 1986 Members Present: Mayor Hinkle. Councilmembers Engstrom. Gunkel. Williams and Schuldt. Mayor Hinkle arrived at 7:35 p.m. Members Absent: None Staff Present: Patrick Klaers; City Administrator. Stephen Rohlf; Building and Zoning Administrator. Terry Maurer; City Engineer 1. Acting Mayor Schuldt called the meeting to order at 7:30 p.m. 2. Consideration of Agenda COUNCILMEMBER GUNKEL MOVED TO APPROVE THE JUNE 2. 1986 CITY COUNCIL AGENDA. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 3- O. 3. Consideration of May 19. 1986 City Council Minutes COUNCILMEMBER WILLIAMS MINUTES. COUNCILMEMBER 3-0. MOVED TO APPROVE THE MAY 19. 1986 CITY COUNCIL ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4. Open Mike No one appeared for this portion of the agenda. 5. Community Theater/Cliff Lundberg Mayor Hinkle arrived at this time and the Chair was turned over to him. Cliff Lundberg addressed the Council and stated he would like the Council's support for the Community Theater's proposal to turn the old Courthouse into an arts center for the Elk River area. He stated he felt it would be a very effective focal point for downtown Elk River. and would be an anchor for the downtown area. Councilmember Gunkel noted she felt the Community Theater proposal would receive a lot of support from the people in the area. She indicated this type of proposal was well received at the 2001 conference. Councilmember Engstrom noted that at the 2001 conference it was indicated that some project on this order would be a good idea. He indicated he was in favor of Community Theater being located in the downtown area. Councilmember Schuldt stated he felt the City should not tell the County what should be done with their building. Mayor Hinkle proposing but this activity. noted does he not supports the idea the Community Theater is agree that the old Courthouse is the place for Page 2 City Council Minutes June 2. 1986 e COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 86-32 TO THE COUNTY STATING THAT THE CITY COUNCIL SUPPORTS THE IDEA PROPOSED BY THE ELK RIVER COMMUNITY THEATER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. Councilmember Engstrom stated he would like it noted that the Council is not indicating to the County what they should do with their property. but are identifying the need for such a project in Elk River. Councilmember Schuldt indicated he would like to see the County make the first decision. THE MOTION PASSED 3-2. COUNCILMEMBER SCHULDT AND MAYOR HINKLE VOTED NAY. 6. Library Bill Pollard. Librarian. addressed the City Council with a request from the Library Board for formal approval of line item #409 of the library budget. He indicated the money would be used to repair the heating and cooling system in the library. as opposed to the original request to enter into a service contract. Patrick Klaers. City Administrator noted that the dollar amount increase being approved in line item #409 is $5.712. e COUNCILMEMBER GUNKEL MOVED TO APPROVE AN INCREASE IN LINE ITEM /1409 IN THE AMOUNT OF $5.712 IN THE LIBRARY BUDGET. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. 504 Handicap Accessibility Study - Julee Quarve Peterson The City Administrator indicated the City had entered into an agreement with Julee Quarve Peterson to have a 504 handicap accessiblity evaluation done of the City buildings. Julee Quarve Peterson addressed the Council regarding the study she had completed. Ms. Peterson reviewed the general recommendations for each department with the Council. COUNCILMEMBER WILLIAMS MOVED TO ACCEPT THE 504 HANDICAP ACCESSIBILITY EVALUATION BY JPQ. INC. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Engineer's Report: 8.1 Award Bid for School Street Sanitary Sewer Improvement Project e Terry Maurer. City Engineer. indicated to the City Council that bids for the project consisting of extending trunk watermain to the new water tower and constructing the sanitary sewer on the south side of School Street between Jackson and Proctor Avenues were opened on Wednesday. May 28. He indicated the lowest bid was from Latour Page 3 City Council Minutes June 2, 1986 e Construction. requested an Street. Mr. Maurer indicated to the Council that they had alternate bid which would be for jacking under School After discussion, it was the consensus of the City Council to use the alternate bids so as to jack under School Street as opposed to cutting through the street. COUNCILMEMBER SCHULDT MOVED CONSTRUCTION OF $158,001.50, SCHOOL STREET SANITARY SEWER COUNCILMEMBER GUNKEL SECONDED TO ACCEPT THE BID FROM LATOUR WHICH IS THE ALTERNATE BID, FOR THE AND WATERMAIN CONSTRUCTION PROJECT. THE MOTION. THE MOTION PASSED 4-0. 8.2. Proposed Overlay Projects e Terry Maurer, City Engineer, indicated that he and Phil Hals. Street Superintendent. held two informational meetings regarding the overlaying of the streets for the Ridgewood East. and Ridgewood East Third Additions. and also for the Knollwood. Knollwood West. and Knollwood West 2nd. Oak Hills and Oak Hills 2nd Addition. He indicated that a majority of the people present were not opposed to doing a feasibility study on the two projects. It was noted that a majority of the homeowners in the area were probably not present at the meeting. Councilmember Gunkel questioned whether Tyler Street could be included as an overlay project. The City Engineer indicated that Tyler Street will have to eventually be redone, but this will not be until some time in the future. and further indicated he felt Tyler Street could use an overlay. COUNCILMEMBER ENGSTROM MOVED TO DO THREE SEPARATE FEASIBILITY STUDIES ON THE FOLLOWING AREAS: 1) RIDGEWOOD EAST AND RIDGEWOOD EAST 2ND; 2) KNOLLWOOD. KNOLLWOOD WEST. KNOLLWOOD WEST SECOND. OAK HILLS. OAK HILLS 2ND ADDITION AND 3) TYLER STREET. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8.3. Highway 10 Frontage Road Terry Maurer. City Engineer. indicated he had investigated through MnDOT. the possibility of costructing a frontage road along Highway 10 between Simonet Drive and Xenia Avenue. He stated MnDOT appears to be receptive to the proposal. He noted that if the City is interested in pursuing this matter further. they should authorize a feasibility study. e Discussion was held as to how this would be funded. It was noted by the City Engineer that it would either have to be assessed to the property owners. or there may be a possibility of State Aid monies being available for this project. Page 4 City Council Minutes June 2. 1986 e COUNCILMEMBER ENGSTROM MOVED TO AUTHORIZE THE FEASIBILITY STUDY TO BE DONE FOR THE HIGHWAY 10 FRONTAGE ROAD. AND THAT THE FEASIBILITY STUDY REFLECT BOTH OPTIONS. THAT OF BEING ASSESSED TO THE HOMEOWNERS AND ALSO USING STATE AID MONIES FOR THE IMPROVEMENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8.4. Simonet Sewer and Water Project: Request for partial payment and information on sewer connections The City Engineer indicated that he has received the first request for partial payment from the contractors on the work being done for the Simonet sewer and water improvement project. He noted the $164.557.20 represents about 70% of the total amount of work done. e Bonnie Rule of 18604 Simonet Drive indicated she was very pleased with the work that has been done. She indicated she was unclear as to whether the people could assess both the SAC and WAC charges and the footage of the pipe to the house, or if they had to pay one. or both of these charges up front. The City Engineer indicated that in the past the footage charges have been assessed and the SAC and WAC charges have been paid up front. The City Administrator noted that the Staff had some concerns with assessing the SAC and WAC charges; those being the cash flow. setting a precedent and possible legal ramifications if the assessment were ever challenged. It was the consensus of the City Council that the SAC and WAC charges be paid up front and the footage could be assessed. Mrs. Rule noted that she had a petition from some of the neighbors interested in. natural gas. The City Engineer informed her to call North Central Public Service with the petition and further to keep him informed as to whether they will be putting in the gas at the same time the project is being completed. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE PAY REQUEST or $164.557.20 TO J.P. NO REX FOR THE XENIA AVENUE. SIXTH LANE AND SIMONET DRIVE PROJECT. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8.5. Deerfield 3rd Addition. Approval of Plans and Specs and Request To Advertise for Bids e The City Engineer presented the plans and specifications of the Deerfield 3rd Plat to the City Council. He indicated that the access road to the North still has not been obtained, but that it is still being worked on. He indicated he was seeking Council approval of the plans and specs prepared by his office for the improvement of sanitary sewer, watermain, storm drainage and streets within the Deerfield 3rd Addition. He indicated that he is requesting to advertise for bids and indicated to the City Council that once bids are received, the City has 60 days to award the bid, and this could Page 5 City Council Minutes June 2. 1986 e possibly be increased to 90 days. He indicated that the matter of the access road could be handled by a change order. COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTION 86-33. A RESOLUTION ACCEPTING THE DEERFIELD 3RD ADDITION PLANS AND SPECIFICATION AS PRESENTED BY THE CITY ENGINEER AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER. WATERMAIN. STORM DRAINAGE AND STREETS WITHIN THE DEERFIELD 3RD ADDITION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER SCHULDT MOVED THAT FINAL APPROVAL OF THE DEERFIELD 3RD PLAT WILL NOT BE GRANTED UNTIL ASSURANCE FOR THE NORTHERN ACCESS ROAD IS OBTAINED FROM MINNESOTA DEPARTMENT OF TRANSPORTATION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Other Business Discussion was held regarding the painting of the water tower and the painting of the elk head. 9. Consideration of Sign Request by Pamida e Steve Rohlf. Building and Zoning Administrator. indicated that Pamida Discount Center had originally requested 665 square feet of signage. He indicated that following this request they came in with a second request to add an additional 276 square feet of signage which would make a total of 941 square feet of signage. The Building and Zoning Administrator indicated that the Planning Commission recommended approval of the original request. and that they recommended approval for the word Pamida on the rear of the store. deleting the words "discount center." This put the total square footage for signs at the Pamida facility at 761 square feet. Discussion was held regarding the size of the freestanding sign which Pamida is requesting. The Building and Zoning Administrator indicated that the size of this sign being requested has an 11 foot by 28 foot face on the top saying "Pamida Discount Center" and also a 3 1/2 foot by 18 foot face saying "Pharmacy." Councilmember Williams of the freestanding shopping center sign. noted that he had a concern regarding the design sign and how it will look in proportion with the OOONCILMKMBER WILLIAMS MOVED TO TABLE THE SIGN REQUEST FOR PAMIDA UNTIL THE STAFF HAS HAD TIME TO OBTAIN MORE INFORMATION ABOUT THE SIGN REGARDING COLOR. DESIGN. AND HEIGHT AND PRESENT IT TO THE CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. e Page 6 City Council Minutes June 2. 1986 e 10. Request for Transient Merchant License for Community Education The City Administrator noted that Dennis Carlson. from the Community Education Office is requesting a transient merchant license for the Community Festival. He further indicated that Mr. Carlson is requesting that the license fee be waived. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Councilmember Schuldt indicated that by wa~v~ng the fee. the City is in violation of the City Ordinance and indicated he felt it would be unfair to others applying for a transient merchant license. He noted he would like to see the ordinance amended to address situations such as these. COUNCILM!MBER GUNKEL REQUESTED BY DENNIS FESTIVAL AND THAT SECONDED THE MOTION. MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE CARLSON OF COMMUNITY EDUCATION FOR THE COMMUNITY THE $50.00 FEE BE WAIVED. COUNCILMEMBER ENGSTROM THE MOTION PASSED 4-0. The City Council directed the Staff to research amending the ordinance to accommodate these types of situations. e 11. Consider Variance Request by Ralph Nissen/Public Hearing The Building and Zoning Administrator indicated that the applicant had table his request. Mayor Hinkle opened the public hearing. There was no one for or opposed to the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO TABLE THE VARIANCE REQUEST UNTIL A ruWM DATE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Consider Variance Request by Robert Steinberg/Public Hearing The Building and Zoning Administrator indicated Steinberg of 10528 175th Avenue NW. Elk River. were encroachment on the required 600 foot setback from in order to construct an agricultural building. that Mr. and Mrs. requesting a 375 foot neighboring residents The Building and Zoning Administrator noted that Mr. Steinberg would be using the building for the keeping of horses and that the building would be under 1.000 square feet in size. He further indicated that the Planning Commission recommended approval of the variance request. e Mayor Hinkle opened the public hearing. There was no one for or opposed to the matter. Mayor Hinkle closed the public hearing. Page 7 City Council Minutes June 2, 1986 e COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE VARIANCE REQUESTED BY ROBERT AND LINDA STEINBERG OF 10528 175TH AVENUE NW, ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Administrative Subdivision Request by Gordon Marx/Public Hearing The Building and Zoning Administrator indicated that Gordon Marx of 18850 Twin Lakes Road, Elk River, is requesting to subdivide a parcel of land 11.5 acres into two 5 acre lots with the remaining 1.5 acres being attached to another parcel he owns which would create a 2.15 acre parcel. He indicated the property is located in that part of the NE 1/4 of the SW 1/4 of Section 35, Township 33, Range 26. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. Discussion was held regarding making the 2.15 acre lot into a 2.5 acre lot so as to be in compliance with the zoning. e COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY GORDON MARX, AND FURTHER THAT THE EXISTING PARCEL OF LAND MR. MARX IS RESIDING ON BE MADE INTO A 2 1/2 ACRE PARCEL, IF IT DOES NOT CAUSE AN UNDUE HARDSHIP TO MR. MARX, AND THAT A $100 PARK DEDICATION FEE BE PAID TO THE CITY PRIOR TO RECORDING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Administrative Subdivision Request by Dietmar Waldstein/Public Hearing The Building and Zoning Administrator noted that Mr. Dietmar Waldstein of 19758 Ulysses Street, Elk River, is requesting to subdivide approximately 15.67 acres of land into two lots, one being approximately 7.22 acres and the other being approximately 8.45 acres. He noted that this property is located in the West 539.03 feet of the NW 1/4 of the SW 1/4 of Section 13, Township 33, Range 26. He indicated the property is in an A-1 zone and that both lots would have the minimum frontage required and would be buildable. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY DIETMAR WALDSTEIN WITH A $100 PARK DEDICATION FEE TO BE PAID TO THE CITY OF ELK RIVER PRIOR TO RECORDING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. e Page 8 City Council Minutes June 2. 1986 e 15. Conditional Use Request by E & 0 Tool and Plastic. Inc. The Building and Zoning Administrator noted that E & 0 Tool and Plastics is requesting a conditional use permit to allow light manufacturing in a C-3A zoned district. He noted the property is located on part of the SE 1/4 of the NW 1/4 and that part of the NE 1/4 of the SW 1/4 of Section 32. Township 33. Range 26. Sherburne County. The Building and Zoning Administrator stated the Planning Commission had recommended approval with certain conditions being met in the memo from the Building and Zoning Administrator. The Building and Zoning the Planning Commission Refuse and Service Area. Expiration Date. and which and Zoning Administrator 1986. and on file with the Administrator reviewed the items questioned by which were items #2 - Off Street Parking. #3 - #5 Landscaping. #6 Signage and #9 - are stated in the memorandum from the Building to the Mayor and City Council dated May 29. City Council minutes. 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 CONDITIONAL USE PERMIT REQUESTED BY E&O TOOL AND PLASTICS. INC. AS PER THE PLANNING COMMISSION'S RECOMMENDATIONS AND WITH THE CONDITIONS SET FORTH BY THE BUILDING AND ZONING ADMINISTRATOR'S MEMO DATED MAY 29. 1986. TO THE MAYOR AND CITY COUNCIL AND ON FILE WITH THE CITY COUNCIL MINUTES. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Zone Change Request by Central Investment/Public Hearing Mr. Art Raudio of Central Investment indicated that he was requesting a a zone change for property located on Lots 4 and 5. Block 2. Ridgewood 2nd Addition. from R-2a to R-2b to accommodate four-plexes. The Building and Zoning Administrator indicated that this request was continued by the City Council at the May 19 meeting until the staff could determine whether there had been a zone change to R-2b in the past for surrounding property. The Building and Zoning Administrator indcated that after looking into the matter. it was determined there was no zone change but that the developer applied for an administrative zero lot line subdivision. . Mayor Hinkle opened the public hearing. Dick Vaas of 11814 191st Avenue stated the City should be looking at what the situation is at the present time and not what happened in the past. e Page 9 City Council Minutes June 2. 1986 e Barb Lavelle of 11783 191st Avenue indicated there would be no buffer zone between the four-plexes,and her property. The Building and Zoning Administrator indicated that the Planning Commission recommended approval of the zone change with a 3-2 vote. Mayor Hinkle closed the public hearing. Councilmember Schuldt indicated that he could recall the zone change on the north side of 191st Avenue. and noted there was an agreement that the south side remain intact so as to act as a buffer. Councilmember Gunkel indicated she felt this would be a spot zone if the zone change were granted. She indicated she felt there was already a lot of high density in this area. COUNCILMEMBER GUNKEL MOVED TO DENY THE ZONE CHANGE REQUESTED BY CENTRAL INVESTMENT CORPORATION FOR LOTS 4 AND 5. BLOCK 2. RIDGEWOOD 2ND ADDITION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Items 17 Variance Request by Central Investment and Administrative Subdivision Request by Central Investment withdrawn at the request of the applicant. e 19. Ordinance Amendment for Motor Vehicle Service Stations in C-1 zones Public Hearing fll8 were both Mayor Hinkle opened the public hearing. No one appeared for against the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE ORDINANCE 86-5, AN ORDINANCE AMENDING SECTION 900.16 CONDITIONAL USES BY DISTRICT. SUBSECTION 5 - C-1 CENTRAL BUSINESS DISTRICT. WHICH WOULD ALLOW MOTOR VEHICLES SERVICE STATIONS IN A C-1 ZONE AS A CONDITIONAL USE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 20. Check Register QOONO:ttMllGER GUNKEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 21A. Fishing Pier The Ci ty ceremony 3. 1986. Administrator informed the Council there would be a dedication of the fishing pier on Lake Orono on Tuesday. 10:30 a.m.. June e Page 10 City Council Minutes June 2. 1986 e 21B. Starting Time for 6/9 Council Meeting The City Administrator was requesting the possibility of the 6/9 City Council meeting starting at 6:30 due to the lengthy items on the agenda. It was the consensus of the Council to start the June 9. 1986 City Council meeting at 6:30 A.M. 21C. Other Jake Jacobson was present and indicated that he was under the impression according to Council minutes of the May 12th City Council meeting when the sub base of the road was completed. building permits could be issued. He indicated he completed the sub-base and he contacted the City offices and the Building and Zoning Administrator still would not issue building permits. The Building and Zoning Administrator indicated the reason he was not issuing building permits was because Class 5 must be in before any permits are issued. He indicated this is how all subdivisions are handled and he was under the impression this is what was reflected in the minutes. e There being no further business. COUNCILMEMBER WILLIAMS MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The Elk River City Council meeting adjourned at 10:30 p.m. J~ Sandy Thackeray Recording Secretary e