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04-15-1985 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, APRIL 15, 1985 Members Present: Mayor Hinkle, Councilmembers Williams, Schuldt, Engstrom and Gunkel. Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 13~ - City Facilities Discussion, Item 18~ - City Administrator Selection were added to the April 15, 1985 City Council agenda. Item 15 FlagPole Base was omitted. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE APRIL 15, 1985 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes A. March 25th Council Meeting. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF MARCH 25, 1985 CITY COUNCIL MEETING. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. B. April 1st City Council Meeting Mayor Hinkle noted that Item #6 on Page 1 is somewhat incorrect. the figure of $3.000 on the last line and on the 3rd from the last line. should be $2.500. It was noted also. that the first paragraph of Item #6 on Page 2. is a repetition of the last paragraph on Page 1. The appropriate $3.000 figures should be corrected to $2,500. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MINUTES OF APRIL 1. 1985 CITY COUNCIL MEETING AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Mintues of April 8th A number of changes and corrections were noted. Mayor Hinkle noted that the 3rd line of Item #4 concerning a low water table should be changed to "water table was very high." Also, on the 5th paragraph of Item #4 the date on line one, April 1, 1985, should be April 15, 1985. Councilmember Schuldt noted an error in the second motion Item #5. The last line indicating "the motion passed 4-0" is incorrect. The motion was actually 4-1. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE APRIL 8, 1985 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. City Council Minutes April 15 , 1985 Page Two 4. Pearce Commendation Presentation Mayor Hinkle called on John Pearce, former Planning Commission member to step for- ward to receive a commendation. Mayor Hinkle publicly read Resolution 85-8 a resolution commending John Pearce for his dedication to community service. John Pearce accepted the framed resolution and publicly thanked the City Council and members of the audience for the opportunity to serve the Elk River community. 5. Open Mike Mayor Hinkle noted that this was the time to bring up any items not listed on the agenda. A. Tom Mattson of Twin Lake Road noted that he needed a variance from the six hundred foot requirement and wondered how the variance process could be speeded up. Mr. iRickBreezee, Building and Zoning Administrator was asked to explain the several procedures required. for considering a variance. It was noted that the Planning Commission had a work meeting scheduled for April 30th and that Mr. Mattson's hearing could be published for that meeting. He was advised to make application so the process could be speeded up. B. Carol Mills, Executive Director of the Guardian Angels Foundation of Elk River, Inc. appeared to advise the Council of the proposed moderate income elderly housing proposed by Guardian Angels. She indicated her conversation with Acting Admini- strato~ Orvil Johnson concerning the feasibility of applying tax increment financing participation by the City. It was noted that the TIF concept would need to be heard by the Planning Commission. It was noted that it should possibly be added to the Planning Commission agenda of April 23rd. After some further discussion it was noted that the Councilmembers were somewhat receptive to TIF concept and that further legal and financing data information should be made available for Council consideration at the meeting of April 22nd. 6. Concept Review Amendment for Elk River Plaza Councilmember Gunkel introduced the matter of the Elk River Plaza PUD amendment. Mr. John Griese representing Barthel gave a presentation of the original PUD. He noted that reference to Lot F in the original agreement now equates to what is known as Lot 7 and this was all fully covered in the developers agreement. The developer now proposes to plat a street and cul-de-sac into Lot 7 with four indi- vidual lots of approximately 1.5 acres each. He noted that a Goodyear Service Store had expressed interest in building. Members of the Council reviewed the uses that were not allowed in this PUD. It was noted that a number of downtown uses would not be allowed and these include such items as multi-family dwellings, professional offices, taverns.and hotels, motor vehicle service stations servicing vehicles with more than two axles, auto repair shops, drive-in theaters, out-door amusement centers. Counci1members also noted that a buffer area is needed between Lot 7 and the Guardian Angels complex. It is noted that buffering protection was covered in the original developers agree- ment. Councilmemeber Gunkel expressed questions about developing Lot 7 at this time. . City Council Minutes April 15, 1985 Page Three It was noted that Lot 7 originally was being held or planned for a K-Mart or big discount store. Mr. Griese noted that the area of four buildings in four lots could equal the same square footage as was originally considered in the developers agreement. It was noted that the City Council could place restrictions within a conditional use permit for the development of the proposed four uses. Councilmember Gunkel expressed her opposition to the concept as presented. Councilmember Williams saw no reason to oppose the proposal. Councilmember Engstrom noted that this was different than the original proposal, but maybe the subdivision was necessary and that Goodyear should be authorized by a conditional use permit. Councilmember Schuldt noted that auto repair is acceptable if the City Council retains control over its acceptability. Mayor Hinkle noted that the shopping center must be operated to be a success)and, therefore, the City should allow this proposed development to take place with controls. He did express concern about the proximity of the Guardian Angels complex. With the foregoing statements presented by Councilmembers, Mayor Hinkle advised Mr. Griese that he did now have a consensus of the Council attitude and, therefore, the matter was concluded. 7. George Dietz - Zone Change Request/Public Hearing Mr. Gary Santwirerepresenting Mr. Dietz made a presentation on the proposed PUD proposal east of Dodge Avenue, north of the McDonald restaurant. Mr. Santwire noted that the site consists of approximately 3~ acres, that sewer and water is available at the site. He also read a list of the possible uses allowed in a PUD. He noted that two structures would be located on the south half of the property and that a specially designed building would be proposed for the northeast corner. A retaining wall would be proposed on the north and east sides of the property to avoid tree removal and to buffer the development from the adjoining Elk Hills residents. He noted that the south buildings would intend to house personal services, such as book stores and other compatible uses. Upon questioning Mr. Gary Santwire advised that the northeast building would be between three and four thousand square feet, the southwest building a maximum of six thousand square feet and the southeast building between three thousand and five thousand square feet. At this point Mayor Hinkle noted that this was a public hearing and he opened the meeting for public comments. Mr. Milo Hennemann said there should be a buffer between Elk Hills and any building that might be built. Mr. Earl Hetrick who lives immediately north of the proposed development opposes the PUD and suggested that the land be left as it is. Mr. Jim Tralle Chairman of the Planning Commission questioned the statements made by Mr. Milo Hennemann and Mr. Hetrick. He noted that in his opinion, the present zoning of Rl is not appropriate for this area adjacent to Trunk Highway 169. He note that there needs to be a land use for this area that can be a type of compromise between commercial and residential. City Council Minutes April 15, 1985 Page Four Mr. Ted Knoke agrees that the single-family residential zoning is not appropriate, and he has confidence in the Planning Commission and City Council. Mr. Knoke in- dicated that he supports this proposal. Sheri Hennemann indicated that three buildings was too much development for the area, and there was already too much traffic on Dodge Avenue. Mr. Jim Tralle acknowledged that a petition asking for a buffer zone had been received from the Elk Hills people, but in his opinion they're asking for too much. The Planning Commission will provide controls for buffering the residential area. Mr. Rick Breezee Building and Zoning Administrator indicated that the City had turned down Cl, C2, and C3 zoning and also turned down C4 zoning and now a PUD type of use was proposed. Mr. Breezee asked when and how does this matter get resolved if the commu~ity is not amicable to allowing development in this area, and further stated they should have advised Dietz of that fact a long time ago. Mr. Hetrick questilioned Gary Santwire about the trees to be cleared. Mr. Santwire advised that the north and west portion of the parcel would be a ponding area and would be landscaped. Milo Hennemann asked that at least the parcel be considered an outlot. Arlon Fuchs of the Planning Commission supported the PUD, but indicated that the development as proposed is too intensive. He agreed with Mr. Hennemann that Parcel B should be an outlot. At this time Mayor Hinkle noted that no more comments were forthcoming, and the hearing was closed. Mayor Hinkle noted that the zone change is the real question, not discussing a number of details in the proposed development. COUNCILMEMBER SCHULDT MOVED TO ZONE THE 3~ ACRE PARCEL AS PUD. COUNCILMEMBER GUNKEL SECONDED THE MOTION. Councilmember Schuldt noted that the property needed to be developed, not as residential. He noted that we can expect to have some changes in.a PUD. Councilmember Gunkel noted that Jim Tralle supported the PUD as she does and she suggested that a list of the acceptable uses be included in the motion as an amendment. Councilmember Schuldt agreed to the amendment to include the following uses: 1. Professional offices and business offices 2. Bank and financial institutions 3. Retail establishments 4. Personal service establishments 5. All uses allowed in R-2b zoning 6. Mortuaries 7. Dental and/or medical clinics Councilmember Williams noted that the building sizes seemed reasonable; that they are not too big. He noted that the PUD designation is proper and not to consider the details at the present time. Councilmember Engstrom noted that the City Council Minutes April 15, 1985 Page Five northeast building should be away from the trees. Mr. Gary Santwire offered to work with representatives from Elk Hills in designing the development. Council~ member Engstrom indicated he would support this and that the northeast building location and development would be critical in the future. Mayor Hinkle noted the present zoning is acceptable and he would hate to see a change. THE MOTION PASSED 4-1. COUNCILMEMBER ENGSTROM OPPOSED. 8. Wilderness Acres - Preliminary Plat/P.H. Planning Commission member Mary Temple presented and introduced this matter. She noted the Demars property is west of Smith Street and south of County Road 33. It was noted that an east west street easement should possibly be retained for Mr. Leistico on the south side of the southwest lot. Mr. Rick Breezee,Building and Zoning Administrator indicated that County Road 33 is actually the east west thoroughfare and that the easement would not really be necessary. At this time the Mayor opened the meeting for a public hearing. Mr. Ed DeMars and the land owner, Mike DeMars were present. More discussion was held concerning the need for an easement on the southwest lot . Acting Administrator, Orvil Johnson suggested that if the land owner south and west of the plat were in- terested in. an east west thoroughfare that they should provide an easement also, and should be given a time limit in which to do so. At this time Mayor Hinkle closed the public hearing. COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE PRELIMINARY PLAT NOTING THAT AN EASEMENT ACROSS THE SOUTHWEST LOT BE REQUIRED ONLY IF AN EASEMENT IS FORTHCOMING FROM THE ADJACENT LAND OWNER WITHIN THIRTY DAYS.. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Transient Merchant Ordinance - Robert Madland/Public Hearing This request was presented by Councilmember Gunkel. Mayor Hinkle opened the meeting for public hearing. Hearing no comments, he closed the public hearing. Councilmember Williams asked if Mr. Madland planned to work from a truck. His answer was yes, in the southwest corner of the liquor store property. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Transient Merchant Ordinance - Community Ed./Public Hearing This matter was presented by Councilmember Gunkel. Mayor Hinkle opened the meeting for public hearing. Chief Torn Zerwas suggested that Community Ed be granted a Transient Merchant license. Hearing no further comments Mayor Hinkle closed the public hearing. City Council Minutes April IS, 1985 Page Six 11. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE TRANSIENT MERCHANT LICENSE AND WAIVE THE FIFTY DOLLAR APPLICATION FEE. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMmMBER SCHULDT OBJECTED TO WAIVING THE FIFTY DOLLAR FEE. I Ordinance Amendment - Wild & IVicious Animals , I I Mayor Hinkle presented the islsue, namely that a wild cougar is being harbored within I the City limits. He proposed! the following ordinance: I I I PROPOSED ELK RIVER ORDINANCE I Wild or Vicious AnimalsProhi~itied. No person shall keep or allow to be kept anyplace in the City any ani~l of a ferocious or vicious character, habit or disposition, or any animal w~ich is wild by nature. I Mayor Hinkle opened the meetirg for public comments. I Mr. Gary Statema the owner oflthe cougar was acknowledged. He stated that before he purchased the animal he checked at City Hall and was advised that there was no I ordinance prohibiting cougarsl. Janna Merrick a neighbor of Mr. Statema expressed concern over wild animals. S~e advised that she had researched this matter and found that wild animals cannoltbe domesticated. She cited four cases last year in Minnesota where people hadl been bitten, mauled, and received other forms of personal injury. She indicatled that the cage for the cougar is made of chicken wire and expressed concern thFt the animal could escape. Janna Merrick noted that the animal is unattended duripg the day and bothered by neighboring dogs. She also noted that the school bus stor is in front of Mr. Statema's house and thereby, local children are in danger. Dr. Dave Gilgenbach asked how much experience Mr. Statema has had with wild animals. M~. Statema replied, that this is his first experience I with such a animal. Dr. Davel Gilgenbach expressed the thought that exotic animals shouldn't be harbored and thalt he supported the proposed ordinance. Mr. Darkenwald of Otsego TownlshiP indicated he has a sister to the cougar under consideration and he supporte~ Mr. Statema's situation. At this point Mayor Hinkle closed the public hearing. COUNCILMEMBER GUNKEL MOVED Tol APPROVE ADOPTION OF PROPOSED ORDINANCE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. I THE MOTION PASSED 4-0. COUNCILMEMBER GUNKEL MOVED T~T THE FOREGOING ORDINANCE BE MADE RETROACTIVE. COUNCIL- MEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. I 12. Non-Intoxicating Malt Liquor Licenses COUNCILMEMBER ENGSTROM MOVED TO APPROVE ON-SALE 3.2 NON-INTOXICATING MALT LIQUOR LICENSE TO LEE WILLIAM GAMM-DBA-ELK RIVER LEAGUE SOFTBALL AND OFF-SALE 3.2 NON- INTOXICATING MALT LIQUOR LICENSE TO GERALDJ. BOWEN-DBA-NEW FOOD-N-FUEL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4.0 13. On Sale & Sunday Liquor License ~ Dennis J. Jenni COUNCILMEMBER ENGSTROM MOVED. TO APPROVE ON-SALE LIQUOR LICENSE AND SUNDAY LIQUOR LICENSE TO DENNIS J. JENNI-DBA-ELK RIVER BOWL, INC. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. -.., City Council Minutes April 15, 1985 Page Seven 14. Board of Equalization Councilmembers acknowledged a reminder that they are to meet as a Board of Equalization at 7:00 p.m., May 9th at the Sherburne County Administration Building. Mayor Hinkle called a recess at 9:50 p.m. Mayor Hinkle reconvened the council meeting at 10:00 p.m. 15. Metal-Skinned Buildings Planning Commission Chairman Jim Tralle introduced the subject and noted that the Planning Commission still has additional work to do concerning metal-skinned buildings, and there use in agricultural areas. COUNCILMEMBER GUNKEL MOVED THAT THIS MATTER BE SENT BACK TO THE PLANNING COMMISSION FOR MORE STUDY AND BETTER LANGUAGE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Veterinary Clinics Planning Commission Chairman Jim Tralle talked about the political issues of zoning. He noted that the Planning Commission was opposed to further commercial zoning along Trunk Highway 169, north of School Street and Elk Hills Drive. Councilmember Gunkel indicated that land uses north of Trunk Highway 169 should be reviewed again, and that was the reason it was sent to the Planning Commission previously. Additional discussion on land uses along Trunk Highway 169 ensued. The Council generally advised the Planning Commission to review land uses north of School Street on Trunk Highway 169. Mayor Hinkle requested the Planning Commission to look deeper and study any other acceptable land uses. 17. Public Works Garage Superintendent Phil Hals was present. He distributed a hand-out indicating some thirteen sites in Elk River that were for sale and could be considered for a public works garage. Councilmembers questioned Mr. Phil Hals on a number of the sites. Mr. Hals infor- mation indicated the asking price for some of the sites which allowed Councilmembers to compare asking prices with the value of City owned property. Mr. Dave Gilgenbach presented the council with a drawing prepared by Jack Boarman siting the public works garage on the utility properties on County Road 1. Councilmember Williams noted that we should consider the Trunk Highway 169 site consisting of some 5.6 acres. He suggested that the site was large enough for a public works garage and for a Veterinary Clinic. --, City Council Minutes April 15, 1985 Page Eight Mayor Hinkle suggested that a consensus of the Council be reached so that the Council can proceed with a public referendum on City facilities. Supertintendent Phil Ha1s explained a number of details on the Boarman drawing. When asked about the cost of an access road he indicated that he would expect approximately a fifteen hundred dollar cost to build a road into the garage site. Mr. Rick Breezee Building and Zoning Administrator indicated that the City can specify a public works garage use in a R1 district. Counci1member Gunkel numerated several reasons why she felt the utility site should be used. Counci1member Williams suggested contacting the Utility Commission to determine the "actual" cost of land. MAYOR HINKLE MOVED TO BUILD THE PUBLIC WORKS GARAGE ON THE TRUNK HIGHWAY 169 SITE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION FAILED 2-3. After some further discussion Mr. Ha1s was requested to determine the amount of fill required to level the storage yard On the site. Mayor Hinkle asked that the Utility Commission members be invited to the meeting on Monday, April 22nd. 18. City Hall Consideration After very little discussion, MAYOR HINKLE MOVED THAT THE EXISTING CITY HALL STRUCTURE BE REMODELED INTO AN PERMANENT CITY HALL STRUCTURE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 5-0. 19. Possible Park Location Counci1members considered the proposal by Mr. Gonyea to trade properties, providing for a park site along the Elk River. COUNCILMEMBER GUNKEL MOVED TO. DENY THE PROPOSED LAND SWAP. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 5-0. 20. Ridgewood Estates Overlay Public Works Superintendent, Phil Ha1s explained a street overlay proposal. He indicated that the 1985 budget included money to overlay the streets in Ridgewood Estates, with the City absorbing 30% of the total cost and 70% of the cost to be accessed to the benefiting property owners. Mr. Phil Ha1s noted that in 1984 cost estimate amounted to $85,000. Several Counci1members questioned the concept of a 30/70% ratio indicating that this may be costly for the City to continue street rebuilding. After some discussion Council consensus was to request the City Engineer to prepare a feasibility study including a cost comparison for Main Street accessments versus the proposed cost for the Ridgewood Estates Addition. 21. Request for IRE's - E.H. Renner Counci1member Williams introduced the subject of the IRB request by Renner. After some discussion Mr. Rick Breeze~Bui1ding and Zoning Administrator and Orvi1 Johnson were directed to research the matter further and bring back better information. City Council Meeting April 15, 1985 Page Nine 22. Employee Group Health Insurance Counci1members considered a memo by Acting City Administrator Orvi1 Johnson recommending that an insurance consultant study health insurance matters. Several Counci1members expessed concern as to the cost proposed. Counci1member Gunkel felt that Phase ~ of the study as proposed was not necessary. COUNCILMEMBER GUNKEL MOVED THAT MR. WHITMAN'S PROPOSAL NO.2 AND NO. 3 BE ACCEPTED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. 23. City Administrator Candidate Discussion Mayor Hinkle noted that he had contacted Mayors of Brooklyn Center and Crystal concerning their comments on the two administrator candidates. Mayor Hinkle in- dicated that both Mayors spoke very highly of the respective candidates. Acting City Administrator Orvi1 Johnson advised the Council as to department head comments concerning the four candidates. Mayor Hinkle moved that John Olson be offered the position of City Administrator and an employment contract be prepared. COUNCILMEMBERGUNKEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 24. Check Register COUNCILMEMBER GUNKEL MOVED TO APPROVE THE APRIL 15, 1985 CHECK REGISTER. COUNCIL- MEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 25. There being no further business, COUNCILMEMBER GUNKEL MOVED THAT THE MEETING BE ADJOURNED. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, ~~~on Acting City Administrator ,