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08-04-1986 CC MIN e e e REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. AUGUST 4. 1986 Members Present: Mayor Hinkle. Councilmembers Gunkel. Schuldt. Williams and Engstrom Members Absent: None Staff Present: Steve Rohlf. Building and Zoning Administrator. Patrick Klaers. City Administrator 1. The meeting was called to order by Mayor Hinkle at 7:30 p.m. 2. Agenda Items 12A - Vernon Street. 12B - Empress Garden Liquor License. 12C - Park Donation Fee (Gene Kreuser). and 120 - City Intern were added to the city council agenda. COUNCILMEMBER GUNKEL AGENDA AS AMENDED. MOTION PASSED 4-0. MOVED TO APPROVE THE AUGUST 4. 1986 CITY COUNCIL COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE 3. July 28. 1986 City Council Minutes The following corrections were noted on the Minutes: Page one - title - change meeting place to Elk River City Hall; Page two - Sub-item #2. change date to July 1. 1987; Page 7 - Planning Commission Minutes should be changed to read City Council Minutes. also on page 7 the motion under 9D. should be changed to read as follows: COUNCILMEMBER WILLIAMS MOVED THAT THE FINANCE DIRECTOR BE AUTHORIZED TO PURCHASE A COMPUTERIZED CASH REGISTER AND INVENTORY SYSTEM FOR THE MUNICIPAL LIQUOR STORE WITH THE COST BEING NO MORE THAN $15.000; and Page 8. Planning Commission Minutes should be changed to City Council Minutes. COUNCILMEMBER GUNKEL MINUTES AS AMENDED . MOTION PASSED 4-0. MOVED TO APPROVE THE JULY 28. 1986 CITY COUNCIL COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE 4. Open Mike Lorna Grant questioned why the people on Simonet Drive were not told they could hook up to City Sewer. The City Administrator noted that the people could hook up at the present time and further indicated he would contact the people by mail indicating they could hook up to the sewer. Mrs. Grant also questioned about the Highway 10 service road off of Simonet Drive. Staff was directed to check with the City Engineer on the progress of this situation and report back to the Council. Page 2 City Council Minutes August 4, 1986 e 5. Variance Request - Gary Wendt/Public Hearing The Building and Zoning Administrator noted that Mr. Wendt lives at 1950 6th Lane and is requesting a variance to the rear yard setback. He indicated that Mr. Wendt is proposing to build an addition and a screen porch and further stated he would be encroaching 7 feet on the 10 foot rear yard setback. The Building and Zoning Administrator noted that the Planning Commission had recommended approval at their last meeting. Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE 7 FOOT VARIANCE TO THE RlAR YARD SETBACK REQUESTED BY MR. GARY WENDT OF 1950 6TH LANE, ELK RIVER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Zone Change request by Meets and Bounds Management Co. & John Plaisted Public Hearing e The Building and Zoning Administrator indicated that the request for zone change is for property legally described as Outlot L, Ridgewood E. 2nd Addition. The Building and Zoning Administrator noted that the request is to zone change this 6.2 acre parcel of land from an R-3 to an R-4 zone. He stated the applicant is requesting to build 5 - 16 unit apartment buildings. He stated that in an R-3 zone, 12 unit buildings are the maximum size allowed. Mr. Susee of the Meets and Bounds Company stated that the owner of the property, Mr. John Plaisted has requested a restriction be filed with the property stating that a covenant be placed against the land which would prohibit no greater that 93 units to be placed upon the subject property. Mayor Hinkle opened the public hearing. Mr. Susee stated that they are decreasing the number of units to 80 from the allowed 93 in an R3 zone. He indicated they are building larger buildings but going with fewer dwelling units. Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE ZONE CHANGE REQUESTED BY MEETS AND BOUNDS MANAGEMENT CO. FROM AN R-3 ZONE TO AN R-4 ZONE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. e Page 3 City Council Minutes August 4. 1986 e Councilmember would rather Engstrom stated he was in favor of the request because he see 5 buildings as opposed to 7 buildings with 93 units. Councilmember Gunkel explained that the City Council recently had a somewhat similar request and noted that the Council voted against the zone change. She questioned whether the City Council would be in conflict with that decision by approving the zone change request by Meets and Bounds. The City Administrator explained that this request was different in that the applicant was proposing less density in the area and further that each case should be looked at individually. COUNCILMEMBER WILLIAMS ADDED TO THE MOTION THE FOLLOWING: THAT THE ZONE CHANGE FROM R-3 TO R-4 BE BASED ON THE COMPLETION OF THE FILING OF THE COVENANT. COUNCILMEMBER ENGSTROM CONCURRED WITH THE ADDED WORDAGE TO THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER ENGSTROM MOVED TO CHANGE THE LAND USE MAP FROM MR TO HR IN ORDER TO CORRESPOND WITH THE ZONE CHANGE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Administrative Subdivision Request by Meets and Bounds Management Public Hearing e The Building and Zoning Administrator noted that the developers propose to split the property into two lots in order to build the apartment buildings in two phases. Mayor Hinkle opened the public hearing. Linda Lee indicated subdivision but not also indicated she she had received a notice for the administrative for the zone change and questioned why. Kim Thiry did not receive a notice regarding the zone change. Linda Lee indicated she was concerned about the high density on the subject property and also on the road to the property. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY MEETS AND BOUNDS MANAGEMENT COMPANY FOR PROPERTY LOCATED ON RIIlGEWOOD EAST 2ND ADDITION, OUTLOT L. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Multiple Principal Buildings on a Lot e The Building and Zoning Administrator noted that the developer is proposing five 16 unit apaprtment buildings in two phases; the first phase being proposed for the southerly lot with two of the buildings and the second phase being for the northerly lot with three buildings. He noted that the staff had looked at the site plan. The following are some of the comments he made regarding the staff's review of the site plan: Page 4 City Council Minutes August 4, 1986 e Darrell Mack, Sewer Superintendent had indicated that the sewer line would be able to handle the number of units proposed. Bob McCartney of Elk River Utilities had proposed coming off 191st with a six inch water line. He also recommended moving the fire hydrant two feet to the north. Russ Anderson, Fire Chief proposed a 30 foot fire lane around the perimeter of the area and further requested two additional fire hydrants to adequately serve the building. A request by the Fire Chief and Chief of Police to prohibit parking on 191st Avenue due to safety reasons was also discussed. The Building and Zoning Administrator noted he would like approval contingent upon the City Engineer's approval of the drainage plan. Mayor Hinkle opened the public hearing. Linda Lee indicated she would like to see the outcome of the drainage problem after the Engineer made his recommendations. She also questioned what type of buffer would be used. e Mr. Sousa indicated that evergreens were proposed for the north and further there is a buffer to the south but this buffer does not go all the way through. Councilmember Gunkel indicated run all the way along the required by other developers. she felt the buffer to the south should south line. She indicated this has been MaY9r Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED APPROVAL OF THE SITE PLAN WITH THE CONSIDERATION OF ITEMS 1 THROUGH 5 AS STIPULATED IN THE MEMO FROM THE BUILDING AND ZONING ADMINISTRATOR DATED 7/30/86 WITH EMPHASIS PUT ON ITEM /;3 RELATING TO THE DRAINAGE PLAN. AND FURTHER THAT ADDITIONAL PLANTINGS ON THE SOUTHWEST BE ADDED TO COMPLETE THE SOUTH SIDE BUFFER. AND ALSO THAT A PARK DEDICATION FEE OF $100 PER UNIT BE PAID PRIOR TO THE RECORDING OF THE ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilmember Gunkel stated she had a concern with the no parking request for 191st Avenue and questioned what people are to do if they have visitors and there is no parking space for these visitors. It was the consensus that this item would be discussed at a future Council date. e e e e Page 5 City Council Minutes August 4. 1986 9. Variance Request for Elk River Country Club/Public Hearing Mayor Hinkle opened the opposition of the request. public hearing. No one appeared for or in Mayor Hinkle closed the public hearing. The variance request was tabled due to the request of the applicant. 10. Preliminary Plat for M-Vale /Public Hearing Mayor Hinkle opened the public hearing. No one appeared for or against the matter. Mayor Hinkle closed the public hearing. This item was tabled at the request of the applicant. 11. Resolution appointing election judges COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 86-52. A RESOLUTION APPOINTING ELECTON JUDGES FOR THE CITY PRIMARY ELECTION TO BE HELD SEPTEMBER 9. 1986. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 12A. Vernon Street It was noted that a letter had been received from the Council regarding the condition of Vernon Street. The City Administrator noted that it was the Street Superintendent's intention to repair Vernon Street. 12B. Liquor License - Chin Yuen COUNCILMEMBER SCHULDT MOVED TO APPROVE A WINE LICENSE. 3.2 ON SALE AND SET UP LICENSE FOR CHIN YUEN RESTAURANT LOCATED AT KEMETHESE MOTEL. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12C. Park Dedication Fee - Gene Kreuser The City Administrator noted that Gene Kreuser had been billed $5.000 for park dedication fee which was an outstanding bill. He noted the City staff met with Mr. Kreuser and they came to the conclusion that this fee was incorrect and felt that the decimal point was probably in the wrong place. The Building and Zoning Administrator indicated that he felt $466.00 was a fair amount which was 10% of the raw land value. It was the consensus of the City Council to charge Gene Kreuser 10% of the raw land value - $466.00. Page 6 City Council Minutes August 4, 1986 e 12D. City Intern The City Administrator indicated that Jon Glennie, the City Intern, had been working on Economic Development matters and noted his term with the City was up August 15. The City Administrator indicated he was proposing to keep Mr. Glennie on with the City for an extra six weeks so that he can accomplish some of the work he 'has started. He indicated he was proposing to pay Mr. Glennie $5.00/hr. COUNCILMEMBER GUNKEL MOVED TO PAY JON GLENNIE $5.00 PER HOUR, UP TO A TOTAL $900 AND THAT THIS MONEY COME FROM THE ECONOMIC DEVELOPMENT FUNDS. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE CHECK REGI STER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Adj ournment There being no THE MEETING. PASSED 4-0. e The Elk River City Council adjourned at 9:40 p.m. further business, COUNCILMEMBER GUNKEL MOVED TO ADJOURN COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION ~ Sandy Thackeray Recording Secretary e