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11-03-1986 CC MIN e e e REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. NOVEMBER 3. 1986 Members Present: Mayor Hinkle. Councilmembers Schuldt. Gunkel. Engstrom and Tralle Members Absent: None Staff Present: Patrick Klaers. City Administrator; Stephen Rohlf. Building and Zoning Administrator 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda for 11/3/86 City Council Meeting COUNCILMEMBER GUNKEL MOVED TO APPROVE THE NOVEMBER 3, 1986 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5- O. 3. Minutes of 10/27/86 City Council Meeting COUNCILMEMBER GUNKEL MOVED TO APPROVE THE OCTOBER 27. 1986 CITY COUNCIL MEETING MINUTES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 4. Open Mike Mrs. Berniece Pipenhagen was present to express her concern for the need for traffic control on Gates Avenue. Discussion was carried on regarding the speeding problem and the possibility of installation of a stop sign. Further discussion was carried on regarding the Police Department's ticketing policy. It was the consensus of the City Council to instruct the Police Department to give special attention to the Gates Avenue area and continue to tag speeders. 5. Resolution 86-80 Discussion was carried on regarding the signalization of Elk Hills Drive/School Street and Highway #169. Councilmember Gunkel asked that the City Administrator investigate the possibility of creating left turn lanes with left turn arrows at the intersection of Main Street and Highway #169. COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTION 86-80 ORDERING THE PREPARATION OF PLANS FOR CONSTRUCTION AT SCHOOL STREET/ELK HILLS DRIVE AND HIGHWAY 169 INTERSECTION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0.. 6. Sign Request for Deerfield 3rd Addition Mr. Rohlf a 12 foot explained that the Planning Commission recommended approval of high 176 square foot sign for the Elk River Development Page 2 City Council Minutes November 3, 1986 e Corportion (Gerry Smith) to advertise the Deerfield 3rd Addition. Rohlf stated that the Planning Commission conditions for the included that the sign may be lighted from daylight to 10:00 p.m., the lighting be directed from neighboring residences and that the permit be reviewed in two years. Mr. sign that sign Mr. Smith noted that the sign will be approximately 75 feet off the right- of-way. Mr. Rohlf stated that Mr. Smith has offered the back side (North) to the Chamber of Commerce for placement of a community promotion type sign. COUNCILMEMBER SCHULDT MOVED APROVAL OF THE SIGN REQUEST BY GERALD SMITH, SUBJECT TO THE CONDITIONS SET FORTH BY THE PLANNING COMMISSION AT THEIR MEETING OF OCTOBER 28, 1986. CQUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Final Plat for M-Va1e Mayor Hinkle relinquished control of the Chair to Vice Mayor Schuldt at this time. e Mr. Rohlf reviewed the following items of concern, per his memo to the Mayor and City Council dated October 30, 1986 with comments of the Planning Commission and staff as noted. 1) Wally Ohland s concerns property is 66 feet but will connection (196 1/2 Street) winter. a. The road easement in front of his remain 166 feet at Ogden. b. The road will be completed with Class 5 before 2) Mr. Dennis Taylor stated that a drainage easement is shown on the lot North of the Peterson Addition property in question, so that the swale will be left as it is to allow proper drainage. 3) The developer, Mr. Smith, agreed to pay for the connections from the plat to the existing 196th Avenue and to Ogden Street. 4) It was the consensus of the City Council that staff take another look at the cul-de-sac at the end of 196th Avenue to determine whether or not it should be ripped out and narrowed down to normal street width. The developer agreed to complete the work as directed by the staff. 5) It was agreed that the Urban Run-off Erosion and Sediment Control Handbook be used as a standard to control erosion. Also, the City Council agreed that the recommendations of Mr. Bill Harju, as per his letter, be followed and also, that perk tests be required on the lots Mr. Harju recommended and on any other lots staff feels the tests are necessary. e 6) Mr. Taylor noted that 30 feet wide drainage easements have been located throughout the plat to prevent the tile system from being disturbed. He also pointed out places that would be culverted. Page 3 City Council Minutes November 3. 1986 e 7) It was the consensus that the relocation of the connection of Lander Street with Meadowvale Road is satisfactory. 8) Confirmed as recommended. 9) Confirmed as recommended. 10) It was letter on the of the the consensus of the City Council that the amount of the of credit required from the developer as a one year warranty roads shall be determined by City staff. using recommendations City Engineer. Mr. Rohlf stated that a percentage of the total road construction costs will be determined. and that this percentage figure should be used as a standard for other projects so that the City can remain consistent. 11-14) Confirmed as recommended. Mr. Rohlf reviewed City policy and procedures for recording plats. allowing improvement work to proceed and issuing building permits. e COUNCILMEMBER TRALLE MOVED THAT FINAL PLAT APPROVAL FOR THE M-VALE SUBDIVISION. AS REQUESTED BY GERALD SMITH. BE GRANTED SUBJECT TO THE RECOMMENDATIONS OF THE BUILDING AND ZONING ADMINISTRATOR AS STATED IN HIS MEMO TO THE MAYOR AND CITY COUNCIL DATED OCTOBER 30. 1986. AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Vice Mayor Schuldt turned the Chair back to Mayor Hinkle. 8. Administrative Subdivision Request by Howard Madsen - Public Hearing Mr. Klaers explained that Mr. Howard Madsen of 18941 Concord Street. Elk River has requested an administrative subdivision to eliminate the east/west lot line between lots 5 and 6. Block 3. Westwood Subdivision creating one lot out of two. Mayor Hinkle the matter. opened the public hearing. No one appeared for or against Mayor Hinkle closed the public hearing. Mr. Rohlf stated that staff recommends approval of the request. and also that no park dedication fee be required since Mr. Madson will be eliminating a lot. not creating one. COUNCILMEMBER TRALLE MOVED APPROVAL OF THE REQUEST BY HOWARD MADSEN FOR AN ADMINISTRATIVE SUBDIVISION. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Ordinance Amendment-Solid Waste Ordinance-Public Hearing e Mayor Hinkle opened the public hearing. Mr. Klaers stated that the Planning Commission tabled this item until their November 12th meeting. in order to allow the various interested Page 4 City Council Minutes November 3. 1986 e groups a chance to submit written comments and also, to give the City Attorney's staff time to incorporate changes recommended by Mr. Dick Nowlin of Larkin Hoffman. Mayor Hinkle closed the public hearing. COUNCILMEMBER ENGSTROM MOVED TO TABLE THE SOLID WASTE ORDINANCE AMENDMENT UNTIL THE DECEMBER 1, 1986 CITY COUNCIL MEETING. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 10. Ordinance Amendment Amending Sections 900.12 and 900.16 of the City Code Public Hearing Mr. Rohlf stated that approval of the two ordinance amendments will allow removal of light manufacturing as a principal use in C3-B zoned areas and make it a conditional use in that zone. Mayor Hinkle opposition of public hearing. opened the public hearing. No the proposed ordinance amendment. one appeared for or in Mayor Hinkle closed the e COUNCILMBMBER TRALLE MOVED APPROVAL OF ORDINANCE 86-15, AN ORDINANCE AMENDING SECTION 900.12. PRINCIPAL USES. SUBDIVISION 9B - C-3B HIGHWAY COMMERCIAL DISTRICTS. COUNCILMEMBER.. GUNKEL 'SECONDED THE MOTION.. THE MOTION PASSED 5-0. COUNCILMEMBER TRALLE AMENDING SECTION 900.16 COMMERCIAL DISTRICTS. MOTION PASSED 5-0. MOVED APPROVAL OF ORDINANCE 86-16, AN ORDINANCE - CONDITIONAL USES - SUBDIVISION 6B - C-3B HIGHWAY COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE 11. Zone Change Request by Jody Kreuser - Public Hearing Mr. Rohlf explained the request of Jody Kreuser to zone change Lots 6 and 7, Block 4. Auditors Subdivision #5 from R2 to R3 to allow a daycare center. Mr. Rohlf reviewed the comments and recommendations made at the Planning Commission:s review of this item and stated that they had recommended approval. with a 5-1 vote. Mr. Rohlf further reviewed principal and conditional uses allowed in an R3 zone. Mayor Hinkle opened the public hearing. Mrs. Bernice Pipenhagen of 326 Gates expressed her opposition to the zone change. stating that the neighborhood is still single-family residential. even though it may be zoned R2 and is adjacent to commercial. Mrs. Kraljic expressed her opposition to the zone change. stating that a daycare center would increase the traffic problem. e Mr. Pat McCave of 378 Gates stated he was opposed to the zone change because there already is a traffic congestion problem in the area, and also, that he felt a daycare would affect his property value. Mr. Rohlf stated that the long range plan is for commercial across the e e e Page 5 City Council Minutes November 3. 1986 street from the property in question and the surrounding area is already becoming mUlti-family. Al Hopper of 402 Gates expressed concerns regarding traffic and Gates. his opposition for the proposal and his the safety of children having to cross Mrs. Rosemary McCave stated that she felt there is a need for a daycare center. but feels the location is bad. Discussion was carried on regarding traffic on Gates. and the effect of the zone change on property values. Mrs. Bonnie Hopper expressed her concern for the safety of her children trying to cross Gates Avenue when going to school in the morning. Mr. Harry Kreuser stated that he did not feel the proposed daycare will have a significant impact on the traffic, since the shopping center is already there and growing. Mayor Hinkle closed the public hearing. Councilmember Gunkel stated that originally Gates was a dead end street and that it became a thru-street with development of the shopping center. She stated that residents in the area now have to contend with speed. noise. traffic and refuse. Councilmember Gunkel noted that it was not the intention of the Council to make a continuous strip of commercial from the downtown all the way to the commercial areas on Highway 169. She also noted that it was the recommendation of the Governor s Design Team to keep as much green space as possible in the Old City. Councilmember Gunkel further expressed her concern over the large number of apartment units going up in the area and the need for more traffic control. Councilmember Gunkel stated that she felt the integrity of the neighborhood should be preserved as much as possible. She concluded that although she realizes there is a definite need for a daycare facility. this is not the right location and therefore, is against the request. Councilmember Schuldt stated that his concern was not concentrated on the daycare center. but whether the zone change should take place at all. He further stated that he also recognized the need for a daycare. but that the neighborhood in the area in question is single family residential and should remain that way as long as the residents wish it to. He concluded that he also was not in favor of the zone change. Mayor Hinkle expressed his concern for traffic on Gates Avenue. Councilmember Tralle stated that he felt the parking plan for the daycare facility may not be adequate. He further stated that although daycare is needed. the integrity of this neighborhood should be honored and another location should be sought, and therefore. also was against the request. Councilmember Engstrom stated that he agreed with the reasons for denial that were stated, but also expressed his feeling that it was a good idea to have a daycare near a nursing home so that the children could vist often. e e e Page 6 City Council Minutes November 3, 1986 COUNCILMEMBER GUNKEL MOVED TO DENY THE ZONE CHANGE REQUEST BY JODY KREU SER fOR tOTS 6 AND 7. BLOCK 4. AUDITOR I S SUBDIVISION /i5. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. It was the consensus of the City Council to discuss possible sites for a daycare within the City in a future committee session. 12. Conditional Use Permit Request by Jody Kreuser - Public Hearing This item was deleted. 13. Conditional Use Permit Request by Boelters Towing and Union 76 Station - Public Hearing Mr. Rohlf reviewed the Planning Commission s action on this item. Mayor Hinkle opened the opposition of the request. public hearing. Nobody appeared for or in Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY MR. MIKE BOELTER FOR BOELTER'S TOWING AND UNION 76 STATION WITH THE FOLLOWING CONDITIONS: 1) A 2 YEAR REVIEW 2) THAT THE INGRESS AND EGRESS OF THE PROPERTY BE ACCEPTED AS IT IS 3) TO ALLOW PLACEMENT OF A 14 FOOT BY 23 FOOT CANOPY ON THE EAST SIDE OF HIS BUILDING. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 14. Administrative Subdivision Request by Cynthia Meardon - Public Hearing Mr. Rohlf explained that Ms. Meardon has requested an administrative subdivision to allow one-half of Lot 16 to be added to Lot 15 and one-half to Lot 17, of Camp Cozy 3rd Addition. Mayor Hinkle opened the opposition of the request. public hearing. Nobody appeared for in a Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY CYNTHIA MEARDON TO SPLIT LOT 16, ADDING ONE-HALF TO LOT 15 AND ONE-HALF TO LOT 17, CAMP COZY 3RD ADDITION, AND THAT NO PARK DEDUCTION FEE BE REQUIRED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 15. Stop Sign Request Onto Freeport Avenue It was the consensus of the City Council to direct staff to work with the developer of the Barthel PUD and property owners for placement of stop signs at all approaches onto Freeport Avenue and School Street. Page 7 City Council Minutes November 3. 1986 e 16. Site Plan Review on Lot 3. Block 1. of the Elk River Plaza 2nd Addition Mr. Rohlf stipulated Meeting. reviewed in the the recommendations of the Planning Commission as minutes of the October 28. 1986 Planning Commission COUNCILMm-tBER SCHULDT MOVED APPROVAL OF THE SITE PLAN FOR LOT 3. BLOCK 1. ELK RIVER PLAZA 2ND ADDITION. SUBJECT TO THE CONDITIONS AS RECOMMENDED BY ~E PLANNING COMMISSION, AND ALSO SUBJECT TO THE RECOMMENDATIONS OF THE BUILDING AND ZONING ADMINISTRATOR PER HIS MEMO TO THE MAYOR AND CITY COUNCIL DATED OCTOBER 30, 1986, WITH THE FOLLOWING ADDITION; THAT A STREET LIGHT BE PLACED AT THE INTERSECTION OF JEFFERSON LANE AND FREEPORT AVENUE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. 17. Lease for City Office Space COUNCILMEMBER TRALLE MOVED TO ACCEPT THE LEASE. IN CONCEPT. AS PRESENTED FOR CITY OFFICE SPACE IN THE NEW BARRINGTON SQUARE BUILDING. AND THAT THE STAFF BE AUTHORIZED TO MAKE MINOR ADJUSTMENTS IN THE LEASE. AS NECESSARY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 18. Other Business A. Ordinance e COUNCILMEMBER SCHULDT MOVED APPROVAL OF ORDINANCE 86-17. AN ORDINANCE AMENDING SECTION 202.00 SALARY OF MAYOR AND COUNCILMEMBERS. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. B. Discussion was carried on regarding the request by Police Chief Tom Zerwas for a salary adjustment for CSO Michelle Cunz. It was the consensus of the City Council that an adjustment be considered when the other clerical worker s salaries are reviewed. 19. Check Register COUNCILMEMBER SCHULDT MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 20. There being not further MEETING BE ADJOURNED. MOTION PASSED 5-0. bus ines s . COUNCILMEMBER GUNKEL MOVED THAT THE COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE Respectfully submitted. ~lrora..A- t</e~ Deborah Kleckner Recording Secretary e