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06-16-1986 CC MIN e e e REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JUNE 16. 1986 Members Present: Mayor Hinkle. Councilmembers Williams. Gunkel. Schuldt and Engstrom. Members Absent: None Staff Present: Patrick Klaers; City Administrator. Stephen Rohlf; Building and Zoning Administrator. and Lori Johnson; Finance Director Board of Review 1. The Board of Review took no action due to the fact that the County Assessor was not present to present the Board of Review with the required information regarding the property located at 413 Rush Avenue. 2. Mayor Hinkle called the meeting of the Elk River City Council to order at 7:30 p.m. 3. Consideration of 6/16/86 Council Agenda Item 2D - Downtown Activities was added to the agenda. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE 6/16/86 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Consideration of 6/5/86 Board of Equalization Minutes COUNCILMEMBER GUNKEL EQUALIZATION MINUTES. MOTION PASSED 4-0. MOVED TO APPROVE THE JUNE 5. 1986 BOARD OF COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE 5. Consideration of 6/9/86 City Council Minutes It was noted on page one. under members present. the time 7:45 should be "6:45." It was noted on page two. last paragraph. that the words "City's fund" should read "County's fund." COUNCILMEMBER SCHULDT MOVED TO APPROVE THE JUNE 9. 1986 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Open Mike No one appeared for this item. 7. Consideration of Bond Sale Date Lori Johnson, of Springsted, recommendations City Finance Director. introduced Mr. Dave MacGillivary Inc.. Mr. MacGillaivary indicated he would give his regarding the issuance of $1.975.000 General Obligation Page 2 City Council Minutes June 16. 1986 e Improvement Bonds. Mr. MacGillivary indicated the G.O. Bond would include four projects. those being the Simonet. School Street. Deerfield 3rd and Ridgewood/Knollwood projects. He indicated that in order to proceed with the sale. the Ridgewood/Knollwood projects must be ordered prior to July 21. 1986. Mr. MacGillavry indicated that Deerfield 3rd is included in the bond issue. He indicated that if the project does not occur. the City may either transfer the construction funds to the debt service account to repay the bonds or use the bond proceeds to finance a different special assessment project. Mr. MacGillivary further discussed the bond issue and went over recommendations with the City Council. COUNCILMEMBER SCHULDT MOVED TO PROVIDING FOR THE ISSUANCE AND IMPROVEMENT BONDS. SERIES 1986A. MOTION. THE MOTION PASSED 5-0. ADOPT RESOLUTION 86-34. A RESOLUTION SALE OF $1.975.000 GENERAL OBLIGATION COUNCILMEMBER GUNKEL SECONDED THE 8. Ordinance Amendment One Principal Building per lot/Public Hearing The Building and Zoning Administrator noted that the City was requesting an ordinance amendment which would allow more than one principal building unit per lot in multi-family. commercial and industrial zoned districts. The Building and Zoning Administrator indicated that he had two different sets of wording on the ordinance; one from Bob Wuornos and Associates and the other from the City Attorney. He indicated he preferred the City Attorney's wording. e Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. Mayor Hinkle indicated that the ordinance amendment does not include A-1 zones as an exception to the "more than one building site per lot" situation. He indicated he felt the A-1 zone should be included as there are many single family situations in A-1 zoned areas in Elk River. Councilmember the wording indicated she wording. Gunkel expressed her concern regarding her preference to of the ordinance amendment presented by Bob Wuornos. She felt this wording was more clear than the City Attorney's Councilmember Engstrom indicated he felt Bob Wuornos's wording of the amendment was more clear also. but felt the Council should choose the City Attorney's wording. The Building and Zoning Administrator indicated that he was in favor of the City Attorney's recommendation. He indicated the Planning Commission voted in favor of the Ordinance Amendment presented by Bob Wuornos under the condition that it be reviewed by the City Attorney. e e e e Page 3 City Council Minutes June 16. 1986 The Building and Zoning Administrator noted amendment should pass. Staff was recommending Commission do the site plan reviews only. that if this ordinance that the Planning Councilmember Gunkel expressed opposition to this. stating she felt the Council should also look at the site plans. Councilmember Williams concurred with Councilmember Gunkel. Arlon Fuchs. Planning Commission representative. indicated he felt the Planning Commission should review and recommend. but the City Council should make the final decisions. COUNCILMEMBER ENGSTROM MOVED TO ADOPT ORDINANCE 86-6. AN ORDINANCE AMENDING SECTION 900.20(2). ALLOWING MORE THAN ONE PRINCIPAL BUILDING UNIT PER LOT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. The Building and Zoning Administrator noted that this Ordinance Amendment would eliminate the need for an administrative subdivision. Discussion was held regarding whether or not a public hearing should be held in situations where more than one principal building per lot was being erected. Councilmember Gunkel indicated she felt a public hearing should be held because surrounding property owners have a right to know what is going on around their property. Councilmember Engstrom noted he felt it would not make much difference if one building or two were being built on a piece of land. COUNCILMEMBER GUNKEL MOVED TO AMEND THE ORIGINAL MOTION TO ADD THAT THESE SITE PLANS REQUIRE A PUBLIC HEARING AND FURTHER THAT THE SITE PLANS BE SUBJECTED TO COUNCIL APPROVAL. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. Councilmember Williams noted he felt the Council should table this ordinance amendment until the Staff and City Attorney has more time to look at it and come up with an agreeable solution. COUNCILMEMBER GUNKEL WITHDREW HER AMENDMENT TO THE MOTION. COUNCILMEMBER ENGSTROM WITHDREW HIS ORIGINAL MOTION. COUNCILMEMBER WILLIAMS. THE SECOND TO BOTH MOTIONS. AGREED TO THE WITHDRAWALS. COUNCILMEMBER ENGSTROM MOVED TO TABLE THE THIS ITEM UNTIL SUCH TIME THAT TRE CITY STAFF AND CITY ATTORNEY COME UP WITH AN AGREEABLE SOLUTION. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 4 City Council Minutes June 16, 1986 e 9. Site Plan Review/Country Chrysler This item was not dealt with due to the ordinance amendment not being acted on. 10. Site Plan Review/Leonard Babinsky This item was not dealt with due to the ordinance amendment not being acted on. 11. Consideration of Administrative Subdivision by Alice Alferness/Public Hearing Mayor Hinkle noted that Alice Alferness was requesting to subdivide a parcel of land approximately 18 acres in size into two 9 acre parcels. The legal description of the affected property is: That part of the NW 1/4 of the SE 1/4 of Section 30, Township 33, Range 26, Sherburne County, Minnesota. 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 ALICE ALFERNESS WITH THE STIPULATION THAT A $100 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER PRIOR TO RECORDING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Variance Request by Michael Lewandowski/Public Hearing Arlon Fuchs, Planning Commissioner, noted that Mr. Lewandowski is requesting to build a garage on property he owns described as Lot 5, Block 20, Village of Elk River Addition. Commissioner Fuchs noted that the property is located in a C-4 Zone which makes single family dwellings nonconforming. Commissioner Fuchs stated that the Planning Commission had reviewed the five standards in the City Ordinance required for a variance and noted that they found him in conformance with these standards, and therefore, recommended approval of the variance request. Mayor Hinkle opened the opposition of the request. public hearing. No one appeared for or in Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUESTED BY MICHAEL LEWANDOWSKI FOR PROPERTY LEGALLY DESCRIBED AS LOT 5, BLOCK 20, VILLAGE OF ELK R.IVER ADDITION. CONTINGENT ON THE FOUR RECOMMENDATIONS FOUND IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED 6/11/86. AND ON FILE WITH THE OFFICIAL MINUTES OF THIS MEETING. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Variance Requested by Marties Farm Service/Public Hearing e Commissioner Fuchs noted that Mr. Martie, owner of Martie's Farm Service, located at 345 Jackson Avenue, is requesting permission to add an addition to his existing feed store which is a nonconforming use. Commissioner Fuchs noted that the entire nonconforming use of the property shall be discontinued at the expiration of the amortization which would be the year PAGE 5 City Council Minutes June 16. 1986 e 2020. Commissioner Fuchs indicted the Planning Commission recommended approval of the variance request with the condition that the siding be the same on all three buildings. Mayor Hinkle opened the public hearing. No one appeared for or against the request. Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE VARIANCE REQUESTED BY lWlHJELt MARTIE OF MARTIES FARM SERVICE LOCATED AT 345 JACKSON AVENUE WITH THE CONDITION THAT ALL RECOMMENDATIONS MADE BY THE PLANNING COMMISSION AT THE MAY 28TH MEETING AND FOUND IN THE PLANNING COMMISSION MINUTES BE MET. AND FURTHER THAT THE SIDING OF ALL THREE BUILINGS BE OF THE SAME MATERIAL. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Consideration of Variance by Northern States Power/Public Hearing COUNCILMEMBER ENGSTROM MOVED TO TABLE THIS ITEM UNTIL A RECOMMENDATION IS RECEIVED FROM THE PLANNING COMMISSION AND UNTIL A CONDITIONAL USE PERMIT IS GRANTED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. e 15. Zone Change Request by Dr. Howard Johnson/Public Hearing Commissioner Fuchs indicated that Dr. Johnson was requesting a zone change for Outlot A of Meadow Park Subdivision from R-3/multi family residential. to C-3/highway commercial in order to accommodate a professional office building. Commissioner Fuchs indicated the Planning Commission recommended a zone change to C-2 for Outlot A only. leaving his present property as C-3. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. The drainage easement was discussed. Doctor Johnson noted that since the storm sewer was put in on Gates Avenue. the n. ed for drainage easement has been eliminated except for his lot. The Building and Zoning Administrator noted that the City Engineer had looked at the drainage in the area and felt it would not be a problem. Councilmember Gunkel noted that the surrounding land was zoned C-3 and felt this was a spot zoning situation. Commissioner Fuchs noted the Planning Commission felt that C-2 was a better buffer than C-3. e COUNCILMEMBER GUNKEL MOVED TO REZONE OUTLOT A OF MEADOW PARK SUBDIVISION fROM R-3 TO C-2. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. Page 6 City Council Minutes June 16. 1986 e Mayor Hinkle noted he felt that zoning this property C-2 was comparable to the zone change done on West Main Street to act as a buffer between residential and commercial property. 16. Admnistrative Subdivision Request by Howard Johnson/Public Hearing Dr. Howard Johnson moved to withdraw his request for an administrative subdivis ion. 17. Preliminary and Final Plat Review for Barrington Place Replat #4 The Building and Zoning Administrator noted that M & S Development was in front of the Council for a preliminary and final plat review of Barrington Place Replat #4 which consisted of lots 31 through 35 of Block 3. Barrington Place PUD. The Building and Zoning Administrator informed the Council that the proposal was for two four-plexes on lots 1 thru 8 and lot 9 would be .a common area for the two four-plexes. The Building and Zoning Administrator noted that the Planning Commission recommended approval with the conditions outlined in the Building and Zoning Administrator's memo. e The Building and Zoning Administrator noted that item #1 in his memo to the City Council referred to park dedication. He noted that since he drafted his memo Staff had met with Mr. McLaughlin of M & S Development. and it had been agreed. if approved by Council. that they pay $2.315 park dedication on Replat #4 before recording of the plat. 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 ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION OF APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR BARRINGTON PLACE REPLAT 1/4 CONTINGENT ON THE CONCERNS IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED JUNE 12. 1986, BEING MET. AND FURTHER THAT ITEM III IN THE MEMO BE CHANGED TO READ THAT PARK DEDICATION FEE OF $2.315 BE PAID PRIOR TO RECORDING OF THE PLAT. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 18. Barrington Place Replat #5. Preliminary and Final Plat Review/Public Hearing e The Building and Zoning Administrator indicated that M & S Development is requesting a preliminary plat and final plat review of Barrington Place Replat #5 which would consist of Lots 1 through 20. Block 5. Barrington Place PUD. He noted this proposal was for twelve duplexes. The Building and Zoning Administrator noted that the request before the Council consisted of preliminary plat approval for both phases one and two. and final plat approval for phase one which would be for four duplexes. Page 7 City Council Minutes June 16. 1986 e Mayor Hinkle opened the public hearing. opposition of the matter. No one appeared for or in Mayor Hinkle closed the public hearing. Councilmember Gunkel noted she felt there was a lot of blacktop and little green area on the plat. She further indicated that the buildings were very close to the lot lines and indicated she felt this was not a good situation for this type of density. Mr. McGlaughlin indicated this was the most indirect way to saturate the area with units and felt by breaking the units up he was leaving open space between the units which would in turn soften the buffer zone. Commissioner Fuchs noted he felt the abutting lot requirements of five feet was too close. He further indicated he was opposed to this type of situation with so much blacktop and so many roofs together because of the drainage problems this could cause. Mr. McLaughlin indicated that at the time of the original plat this drainage problem had been addressed by the Engineers designing the plat. and it was felt it would not create a problem. e Councilmember Gunkel indicated she would like to see more of a setback. more buffer and more green space. Mr. McGlaughlin indicated that utility easements were directing the layout of this plan. He indicated he had to work around the easements. Councilmember Engstrom noted that the lots to the east of this plat are being built on at the present time so whoever buys these will be aware of the situation. He further indicated that Milo Hennemen's lot abuts this plat but felt he had a large enough lot which would act as a good buffer. Councilmember Engstrom also stated that the property to the west of the plat was commercial. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE PRELIMINARY PLAT OF BARRINGTON PLACE REPLAT /;5 CONTINGENT ON THE STIPULATIONS MENTIONED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO TO THE MAYOR AND CITY COUNCIL DATED JUNE 12. 1986 WITH THE FOLLOWING EXCEPTIONS: U BE AMENDED TO READ THAT $2.315 PARK DEDICATION FEE BE PAID PRIOR TO THE RECORDING OF THIS PLAT: THAT ITEM /;2 BE DELETED. THAT /;6 BE AMENDED TO READ CONTINGENT ON THE CITY ENGINEER FINDING NO DRAINAGE PROBLEMS WITH THE PLAT. AND IF PROBLEMS DO SHOW UP. THEY BE RESOLVED WITH CITY STAFF. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. COlJNCILMEMBER SCHULDT MOVED TO APPROVE THE FINAL PLAT FOR BARRINGTON PLACE REPLAT '5 FOR PHASE ONE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. e Page 8 City Council Minutes June 16, 1986 e 19. Final Plat Review for Meadowvale Woods The Building and Zoning Administrator noted that Mr. Rauch and Mr. Frank of M & W Partnership are requesting final plat approval for Meadowvale Woods Subdivision. He indicated this plat is located in an A-1 zone, contains approximately 90 acres, includes 29 lots with an average lot size of approximately 2.8 acres. The Building and Zoning Administrator noted that at first the developers were proposing to develop the plat in two phases, but have since changed their idea and are planning on developing it in one phase. The Building Engineer was reasons. and Zoning Administrator informed the Council that the City recommending a 40 mph design speed for the road for safety Mr. Frank indicated he was requesting that a 30 mph design speed road be constructed. He stated it was his intention that the road be a residential road and indicated he felt the road would be a collector road instead of a local access road if it is designed at 40 mph. He further noted that if the road were built at a 40 mph design speed it would have to be cut down further which would mean eliminating more trees. e The Building and Zoning Administrator noted that the City Engineer does not recommend any street to be less than a 40 mph design speed and further indicated he concurred with the Engineer. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE FINAL PLAT FOR MEADOWVALE WOODS AND MEADOWVALE WOODS 2ND ADDITION CONTINGENT ON THE RECOMMENDATIONS MADE BY THE BUILDING AND ZONING ADMINISTRATOR IN HIS MEMO DATED JUNE 12. 1986, TO THE MAYOR AND CITY COUNCIL WITH THE FOLLOWING EXCEPTIONS: ITEM III BE AMENDED TO READ 30 MPH DESIGN SPEED. ITEM 112 BE ELIMINATED. ITEM {IS BE AMENDED TO READ DEVELOPMENT LOAN FUND AS OPPOSED TO A LETTER OF CREDIT: AND FURTHER THAT $2.900 PARK DEDICATION FEE BE PAID TO THE CITY PRIOR TO RECORDING OF THE PLAT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 20 Sign Request by Pamida The Building and Zoning Administrator noted that Pamida's sign request was tabled by the City Council at a previous meeting so the Staff could obtain more information regarding the freestanding sign proposed by Pamida. Mr. Ray Magnum of United Signs, Inc. was present and indicated Pamida was proposing three signs, one on the front of the building, one on the rear of the building and a freestanding sign which would be approximately 39 feet high. It was stated that the Elk River Mall sign is 42 feet high. e e e e Page 9 City Council Minutes June 16. 1986 Councilmember Williams indicated he was opposed to Pamida's freestanding sign. but concurred with having a sign in front and in the rear of the store. Councilmember Gunkel indicated she concurred with Councilmember Williams. Councilmember Gunkel stated she felt the sign on the front of the building was large enough and would be sufficient. Councilmember Williams indicated he was opposed to having another freestanding sign in the parking lot which would compete with the Elk River Mall Sign. Councilmember Engstrom indicated that he agreed with Councilmembers Williams and Gunkel. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE SIGNAGE FOR PAMIDA ON THE FRONT OF THE BUILDING AND IN THE REAR OF THE BUILDING AS RECOMMENDED BY THE PLANNING COMMISSION, AND FURTHER THAT NO FREESTANDING SIGN BE ALLOWED. AND THAT THE WORDS "DISCOUNT CENTER" BE ELIMINATED ON THE SIGN IN THE REAR OF THE BUILDING. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 21A.Landfill Report The City Administrator informed the Council that the City had received specific recommendations from Bruce Liesch regarding the Landfill. He noted he was looking for specific direction from the Council on how to proceed with the recommendations. Councilmember Williams stated he felt the City should pursue the recommendatons. Councilmember Gunkel indicated she felt the City should consider asking the County to help share in some of the costs. Councilmember Williams suggesting contacting PCA and the County regarding what steps should be taken first. 21B.Coalition of Outstate Cities Discussion was held regarding the increase in legislative services. It was noted the cost has Hinkle indicated he felt the League of Minnesota City's needs far better than the Coalition did. cost to the City for increased 100%. Mayor Cities represented the COUNCILMEMBER GUNKEL MOVED THAT THE CITY OF MEMBERSHIP WITH THE COALITION OF OUTSTATE CITIES. SECONDED THE MOTION. THE MOTION PASSED 4-0. ELK RIVER DROP THEIR COUNCILMEMBER WILLIAMS 21C.Street Construction Deposit Fund COUNCILMEMBER GUNKEL MOVED AUTHORIZING THE TRANSFER OF GENERAL FUND. COUNCILMEMBER PASSED 4-0. TO ADOPT STREET GUNKEL RESOLUTION 86-35. A CONSTRUCTION DEPOSIT SECONDED THE MOTION. RESOLUTION FUND TO THE THE MOTION 21D.Downtown Elk River Councilmember Gunkel noted she had a request for another phone booth in the downtown area for young people to be able to call home. Page 10 City Council Minutes June 16. 1986 e Councilmember Gunkel hanging around the would like to see Department. indicated she had noticed that the young people downtown area are causing problems. She noted she the rules being enforced more strictly by the Police It was the consensus of the City Council that they support the Police Department in whatever action is needed to eliminate the problems being caused by the juveniles in the downtown area. 22. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 23. Adjournment There being no further business. COUNCILMEMBER GUNKEL MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. The meeting of the Elk River City Council adjourned at 10:45 p.m. .)~ e Sandy Thackeray Recording Secretary e