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02-18-1982 CC MIN REGULAR SEMI.,...MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 18, 1982 Members Present: Mayor Hinkle, Councilmembers Duitsman, Toth, Engstrom and Schuldt Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2 . Agenda Consideration of Becks Addition Final Plat, was added as item number 10~. MAYOR HINKLE MOVED TO RECONSIDER DENIAL OF THE ST. CYR'S LIQUOR LICENSE AND TO CONSIDER. IT AS ITEMf/ll~. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE AGENDA AS AMENDED. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Consider Minutes of the February 1,1982 City Council Meeting Item #5, Purchase of Electronic Voting Devices - a correction in the number of demonstrator models from four (4) to one (1) in each ward was made. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE FEBRUARY 1,1982 CITY COUNCIL MEETING MINUTES AS. AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4~0. 4. Open Mike Cliff Lundberg was present and addressed members of the Council on the Peterson Ad- dition assessment. Lundberg indicated his awareness of a bill introduced by Rep- resentative McEachern, amending Chapter 429 of the Minnesota Statutes and allow- ing the City to assess railroad crossing costs. Lundberg further indicated that he had called Judge Dablo to see if such a law were legal and could be utilized by the City in re-assessing the Peterson Addition. Judge Dabloinformed Lundberg that such a law could not be made retroactive. Lundberg asked that the Council order the City staff to immediately proceed with the assessment and indicated that the City Council was not being fair in its dealings with the Peterson Addition asses- mente Councilman Schuldt indicated that the City should have the advice of the City Attorney before proceeding as advised by Lundberg. Councilman Toth indicated his extreme disappointment in Lundberg's comment that the Council was being unfair or doing something unlawful. Councilman Toth indicated that the City never acts unlawfully or unfairly intentionally. Lundberg informed the Council that he had talked with the City Administrator regarding the bill pending before the legis- lature which would amend Chapter 429 of the Minnesota Statutes. Lundberg indi- cated that he felt the City's efforts were a stab in "the back of all the people in the Peterson Addition. Several Councilmembers and the City Administrator took exception to Lundberg's comments regarding stabbing citizens in the back and in- formed him that the City acts in the best of interests. of all of its citizens, regardless of his personal opinion of the Council's actions. Lundberg threatened to . return to court ~dto...haveLluthe matter,of. the.r~-assessmentclarified,. , City Council Minutes February 18, 1982 Page Two if need be, if City action was not immediately forthcoming. Mayor Hinkle asked Lundberg if the assessment cycle could be interupted by the County to provide for reductions in assessments during mid-year. Lundberg indicated that an abatement was possible and that; he knew for a fact that the County could make- a change in the assessment process in mid-year. The City Administrator in- formed the Council that the City had until November 15th to certify an assess- ment to the County as such. that was the only legal deadline by which the City would be constrained. It was the concensus of the City Council to obtain the City Attorney's legal opinion regarding the matter before proceeding and not to direct the staff any further. 5. Concept Approval for Barthel PUD Mayor Hinkle introduced Ken Barthel and Mr. Barthel's architect. who were present to review the planned unit development concept for a parcel of property approx- imately 42 acres in size in the southwest corner of the intersection of School Street and Highway $169. Mr. Barthel's architect reviewed the planned unit development concept as prepared for the benefit of the Council and those citi- zens present. Mr. Barthel's architect reviewed the various land use elements in the planned unit development which include a free-standing bank and restaur- ant. a shopping mall of approximately 80.000 square feet. a free-standing re- tail store south of the shopping center. a professional office building and ap- proximately 12 acres of townhouse and multiple family dwellings. Mr. Barthel's architect indicated that there would be a buffer of trees established between the Guardian Angels facility and along the western edge of the planned unit de- velopment. Mr. Barthel's architect also indicated that there would be an earthen berm with p1antings to screen the shopping center from residences to the west of the planned unit development area. Mayor Hinkle indicated that while this was not a formal public hearing. the comments of all those present were invited and asked if anyone wished to speak regarding the planned unit development concept. Mr. Jim LaRock of the East Side Concerned Citizens. indicated that the road labeled as Gates Avenue in the planned unit development would probably have to be re-named inasmuch as there was another piece of Gates Avenue directly to the planned unit development. Mr. LaRock also suggested that a frontage road along Highway 11169 be constructed to alleviate traffic on School Street and Main Street. Mr. LaRock indicated that the frontage road should be constructed without moving the shopping facility too far to the ~st within the planned unit development area. Mr. LaRock also expressed concern over the storm water drainage in the area and expressed his belief that it should not be drained onto School Street for which a number of residents in the area were already proposed to be assessed. Julie Hipp. also of the East Side Concerned Citizens. asked if there were any projected traffic counts and what specific storm drainage plans have been made at this stage. The City Administrator indicated that in this particular phase of the project. only the concept was being reviewed and that the developer would not be able to answer those specific types of questions until later in the pro- cess when the preliminary platting documents were actually completed. City Council Minutes February 18, 1982 Page Three Mayor Hinkle asked the members of the audience how they felt overall about the project and not about specific details within the project. Me LaRock indicated that he felt the concept was generally acceptable. Ms. Hipp questioned the Council on the level of committment the developer would have once this concept was approved. The City Administrator indicated that after Planning Commission and City Council approval of the planned unit development, the developer would be committed to constructing what was proposed unless a formal amendment was requested from the City. Councilman Toth questioned the establishment of a buffer area on the west side of the planned unit development, if Mr. Barthel would. not be owning or controlling this portion of the planned unit develop- ment.. The City Administrator indicated that the developer's agreement for the PUD concept presented would be with both Mr. Barthel and Mr. Dietz as the joint or co-owners of the parcel. The buffer would be specifically mentioned in the agreement and the timing for the establishment of the buffer would also be specifically mentioned in the agreement. Councilman Schuldt asked what types of businesses would be located in the shopping center and was informed that a grocery stroe, a drug store and pos- siblya,hardware store would be located in the center. Laura Manski of Bar- thel Realty, indicated that the building is not completely leased at this point in time, hut that the size of the building does not allow for a large department store to be located in the facility. Councilman Duitsman indicated his support for a right on and right off turn lane to Highway 11169 and asked that the City make a formal request to the State for such a turn lane. The City Administrator indicated that the State is expecting such a request for a turn lane from the City of Elk River. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE CONCEPT AS PRESENTED AND THAT THE STAFF BE DIRECTED TO CONTACT THE MINNESOTA DEPARTMENT OF TRANSPORTATION RE- GARDING THE ESTABLISHMENT OF A RIGHT ON AND RIGHT OFF TURN LANE TO SERVICE THE PLANNED UNIT DEVELOPMENT ON HIGHWAY #169. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. .Dickenson Zone Change Request Mayor Hinkle briefly reviewed the history involved in the Dickenson zone change request for the members of the Council and the audience. Mayor Hinkle indi- cated that while he would like to be able to help Mr. Dickenson out of his present dilemma, he was not aware of a method available to assist Mr. Dicken- son. Councilman Schuldt indicated that both the staff and the Planning Commis- sion recommended denial and also that a strip along Highway H169 not be re- zoned to Commercial. Councilman Schuldt indicated that to rezone the area would cause problems with the neighbors and the precedent established, and as such, COUNCILMAN SCHULDT MOVED TO DENY THE DICKENSON ZONE CHANGE REQUEST FROM R-lB TO C-3. MAYOR HINKLE SECONDED THE MOTION. Councilmembers Toth and Duitsman both indicated they were not in favor of spot zoning but in this instance, must consider the business and if necessary, might consider a spot zone to assist Mr. Dickenson. Councilman Schuldt indicated that a spot zone would cause considerable problems and establish a poor precedent.Coun- cilmember Toth indicated that the COuncil should be able to say yes or no without City Council Minutes February 18. 1982 Page Four being bound or directed by the precedent established. The City Administrator suggested that the City Council consider changing the ordinance rather than bending or working around the present ordinance in effect. The Administrator explained that if the ordinance were in fact a problem. that changing the or- dinance would be a better solution than creating problems in the future in other situations by bending the ordinance. After additional general discussion on the problem posed by Mr. Dickenson's situation and the Council's desire to assist Mr. Dickenson if possible. the motion to deny was voted upon. MOTION PASSED 3-2. COUNCILMAN> TOTH AND COUNCILMAN DUITSMAN OPPOSED. COUNCILMAN TOTH MOVED TO REFER THE QUESTION OF ALTERING THE NONCONFORMING USE SECTION OF THE CITY'S ZONING ORDINANCE. TO ADDRESS THE PROBLEM POSED BYMR. DICKENSON AND OTHER RELATED BUSINESSES. TO THE DEPARTMENT OPERATIONS COMMIT- TEE OF THE CITY COUNCIL WITH THE INTENT THAT LANGUAGE BE DRAFTED FOR PRESENTA- TION TO THE PLANNING' COMMISSION AND CITY COUNCIL FOR THEIR CONSIDERATION. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Al-Lan/Alltoollndustrial Revenue Bond Request Mayor Hinkle briefly explained the Alltool request for an industrial revenue bond for the benefit of those individuals in the audience. Mayor Hinkle formally de- clared the public hearing open and asked for any comments for or against the in- dustrial revenue bond. There being no persons wishing to address the Council. Mayor Hinkle closed the public hearing and asked the City Council for their com- ments. The City Administrator indicated that a copy of the preliminary resolution had been distributed for the Council's review with one addition suggested by the City Attorney. The additional clause will enable the City to withdraw from the industrial bond process if in fact a problem or an unknown factor developed at a later date. The Administrator indicated that this clause was particularly im- portant. inasmuch as the analysis of the Alltool financial statement had not yet been completed by Springsted. Inc. The Administrator indicated further that if there was a problem that developed as a result of Springsted'sreview. it would be brought to the Council's attention. Councilman Duitsman questioned why the statements presented were unaudited. Mr. Earl Hendricks. the CPA for Alltool. Inc.. indicated that the company is financially strong and had not yet needed an audited statement. Mr. Hendricks also cited the expense of preparing audited figures and indicat.ed that the anal- ysis presented should be adequate and serve the needs expressed by the City. Councilman Duitsman asked that when Springsted's analysis was complete. that a representative come to the City Council meeting to discuss their findings with the Councilmembers. COUNCILMAN ENGSTROM MOVED APPROVAL OF RESOLUTION 82-2. AS AMENDED. GIVING PRELIM- INARY APPROVAL TO AN INDUSTRIAL REVENUE BOND ISSUE FORAL:....LAN/ALLTOOL. INC. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 5-0. City Council Minutes February 18, 1982 Page Five 8. Amendment to Zoning .Ordinance Regarding Pun Minimum Acreage The City Administrator reviewed the requested change in the zoning ordinance for the Council and the individuals in the audience. The Administrator indi- cated that the requested change was to reduce the twenty (20) acre minimum for PUDs to a ten (10) acre minimum, which the Administrator indicated would allow the Planning Commission and City Council more input and greater flexibility in planning various areas of the City of Elk River. The Administrator emphasized that the ten (10) acre minimum requested would only be a minimum and that the City Council still had the option of requiring larger puns if appropriate in 'various areas of the City. The Administrator further indicated that the con- ditional use standards must be reviewed and met in each individual circumstance, which would more than adequately protect surrounding land owners in areas of the City that had been requested to be rezoned pun. Mayor Hinkle declared the public hearing on this matter open. Mr. Jim LaRock of the East Side Concerned Citizens, indicated that the Concerned Citizens were not in favor of the ten (10) acre minimum, since it represented too small a parcel of property. Estelle Gunkel informed the Council that the Planning Com- mission recommended denial and reviewed her specific reasons for not adopting the zone change ordinance. Ms. Gunkel indicated that she felt the change would accomodate only a few specific developers and as such, was not in favor of the change. Councilman Schuldt indicated that he agreed with the Planning Commis- sion and that the ten (10) acre area was too small for a pun. There being no further comments, Mayor Hinkle closed the public hearing. COUNCILMAN DUITSMAN MOVED THAT THE PROPOSED ORDINANCE 82...2 BE DENIED . COUNCIL- MAN TOTH SECONDEDTHEMOTION~ THE MOTION PASSED 4-0. 9. Lundgren Planned Unit Development The City Administrator indicated that since the requested change in the m1n1mum acreage for a PUD had not been approved by the City Council, the Lundgren con- cept for a planned unit development was no longer valid. The area under consid- eration by Mr. Lundgren ison;lyT7acres in size and since the planned unit de- velopment minimum acreage was not changedfrom twenty (20) acres, Mr. Lundgren's piece of property is no longer eligible for consideration as a planned unit de- velopment. No specific action was required or taken by the City Council on this item. 10. Bowen Conditional Use Permit Request The City's Building and Zoning Administrator presented a list of recommendations to the City Council for inclusions as conditions in the conditional use permit for Mr. Bowen. The conditions included various striping~ loading and traffic circulation requirements which have been reviewed with Mr. Bowen and found to be acceptable. Councilman Toth suggested that a sign be erected by the owner to inform traffic exiting onto Railroad Drive that said road was one way. Mayor Hinkle declared the public hearing open. There being no individuals present to City Council Minutes February 18, 1982 Page Six speak for or against Mr. Bowen's permit, Mayor Hinkle declared the public hearing closed. Councilman Schuldt indicated that a close business neighbor had not object~d to Mr. Bowen's conditional use permit request and had no particular difficulties with Mr. Bowen's operation. COUNCILMAN SCHULDT MOVED APPROVAL OFA CONDITIONAL USE PERMIT FOR BOWEN ENTER- PRISES TO OPERATE A FOOD AND FUEL CONVENIENCE STORE AND GAS STATION OPERATION AT 356 JACKSON STREET IN ELK RIVER WITH THE CONDITIONS RECOMMENDED BY THE BUILD- INGAND ZONING ADMINISTRATOR, . AND WITH THE UNDERSTANDING THAT MR.. BOWEN ERECT A ONE WAY SIGN FOR TRAFFIC EXITING ONTO RAILROAD DRIVE. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 10~. Beck's Addition Final Plat Cliff Lundberg requested consideration of the Beck's Addition Final Plat be con- tinued until th~ March 15th City Council meeting, since there were some communi- cation difficulties among the developers of the area in question. COUNCILMAN DUITSMAN MOVED TO CONTINUE THE PUBLIC HEARING FOR BECK'S ADDITION FINAL PLAT UNTIL THE MARCH 15TH MEETING OF THE CITY COUNCIL. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Custom Motors Conditional Use Permit The City Administrator explained that the owner of Custom Motors could not be present for the City COuncil meeting this evening because of a death in the family. The Administrator indicated that the owner and his attorney were plan- ning to be present at the March 1st City Council meeting. The Administrator further indicated that the Custom Motors attorney had been informed that the item would not be delayed beyond the March 1st Council meeting. The Council's concensus was to continue the matter until the March 1st City Council meeting, at which time the owner could be present. 11~. Reconsideration of St. Cyr's Liquor License Mayor Hinkle breifly reviewed the subject for the Council's information and asked the Council for their comments on the re-consideration of the liquor license. Councilman Toth spoke generally in opposition to issuance of the St. Cyr's liquor license. Councilman Toth indicated that he had received a number of comments both for and against issuance ofa liquor license and a substantial amount of criticism regarding the Council's action. Councilman Toth indicated that such criticism was welcomed and if Councilmembers could not take or accept criticism,they should not be present on the City Council. Councilman Tothindi~ cated further that the City needed various codes and ordinances which regretfully dictated how some businesses Were run. Councilman Toth indicated that the Council should 'have the right to say yes or no on a license and that he felt the license was not appropriate or necessary for the Kemethese Motel operation. City Council Minutes February 18, 1982 Page Seven Councilman Schuldt indicated that he had heard from a number of people in the City who indicated that the license should in fact be issued. Councilman Schuldt indicated that he had received no negative comments on the issuance of the liquor license to the St. Cyr's. Councilman Duitsman indicated that he had heard a number of comments on how well run the Kemethese was run and indicated his staisfaction with the oper- ation and. the ability of the St. Cyr's to successfully operate an establish- ment with a liquor lic~nse. COUNCILMAN DUITSMAN MOVED TO GRANT. A LIQUOR LICENSE TO ROBERT AND RICHARD ST. CYR FOR THE KEMETHESE MOTEL. COUNCILMAN SCHULDT SECONDED THE MOTION. In discussion of the motion, Mayor Hinkle indicated he felt that as Chairman, he handled. the meeting poorly in regard to the St. Cyr's liquor license dur- ing:its last consideration. Mayor.Hinkle indicated that he was not prepared to break the tie vote and was therefore, not prepared to cast a vote in the affirmative. Mayor Hinkle indicated that after going out and researching the issue further, meeting the St. Cyr's and reviewing the operation, he could find no reason to deny the St. Cyrs' a liquor license as required. Councilman Engstrom indicated that perhaps his comments regarding the last discussion of the liquor license had been misunderstood. Councilman Engstrom indicated that he did not feel the St. Cyrs' operation would not be a high class or quality operation and that he had not been there prior to the meet- ing. Since the last consideration, Councilman Engstrom indicated that he had met the St. Cyrs and reviewed the operation; yet, he was still opposed to the issuance of a license. THE MOTION PASSED 3~2. COUNCILMAN TOTH AND ENGSTROM OPPOSED. 12. Brutger Company Re-subdiviSion The Mayor and City Administrator briefly reviewed the Brutger Company's pro- posal to re-subdivide three existing lots on 19lst Lane in Ridgewood East 2nd Addition into 5 lots. Discussion followed. COUNCILMAN TOTHMOVED APPROVAL OF THE PRELIMINARY PLAT FOR THE BRUTGER COMPANY RE-SUBDIVISION IN RIIDGEWOOD EAST 2ND ADDITION AS REQUESTED. COUNCILMAN DUITS- MAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Burandt Conditional Use Permit The City Administrator reviewed the conditional use permit request for the City Council and indicated that the staff and the Planning Commission both rec- ommended approval. The City Administrator further indicated that with the new home occupation standards, it was required that the Council specify as condi- tions the hours of operation and the number of employees which would be allowed within the conditional use. The City Administrator recommended that no speci- fic hours of operation be established for Mrs. Burand's nursing operation and that she be limited to no employees from outside her home. Mayor Hinkle de- clared the public hearing open and asked for any comments for or against the conditional use permit request by Mrs. Burandt. , City Council Minutes February 18, 1982 Page Eight Councilman Toth asked Mrs. Burandt if she would be 1icertsed by the State of Minnesota. Mrs. Burandt responded that the State has a review procedure and a license which she would obtain without any difficulty. There being no further comments, Mayor Hinkle declared the public hearing c1of!ied. COUNCILMAN TOTH MOVED APPROVAL OF THE CONDITIONALtTSE PERMITEOR BARBARA'BURANDT TO OPERATE A NURSING OPERATION AS A HOME OCCUPATION WITHIN HER HOME AT 19118 TYLER ST., ELK RIVER, WITH THE CONDITIONS RECOMMENDED BY THE STAFF AND FOR A 2-YEAR PERIOD OF TIME. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MO- TION PASSED 4-,0. 14. Kreuser Final Plat, Phase Two The City Administrator briefly reviewed the Kreuser Final Plat for the benefit of the City Council. No further questions or discussion followed. COUNCILMAN SCHULDT MOVED APPROVAL OF THE FINAL PLAT AS PREPARED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Sale of 1939 Fire Truck The City Administrator briefly reviewed the reason for recommending an ad in the newspaper and indicated that ideally, two quotes should be received prior to the sale of a piece of equ;ipmentowned by the City of Elk River. The City Administrator indicated that only one valid quote had been received to this date and in order to be fair and to meet the test of Minnesota Statutes, we should attemptto at least try to obtain an additional quote. Councilman Toth asked if we could do better than the quote received and the City Adm;in- istrator responded that it would not be likely. There was a consensus to place an ad in the Sherburne County Star News to solicit additional proposals from interested parties for the sale of the 1939 fire truck. The sale of the truck is to be by quotation and not by bids. 16. 1982 Salaries The City Administrator informed the Council that the Personnel Committee of the Council had met and recommended that the 1982 salaries enclosed in the City Council packet be approved by the full Council. COUNCILMAN TOTH MOVED APPROVAL OF THE 1982 SALARIES FOR CITY EMPLOYEES AS REC- OMMENDED BY THE PERSONNEL COMMITTEE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-1. COUNCILMAN SCHULDT OPPOSED. 17. Administrator's Update A. Local Government Operations Advisory Committee The City Administrator informed the City Council that the Local Government Operations Advisory Comm;ittee had requested secretarial services and that City Council Minutes February 18, 1982 Page Nine the services were not budgeted by the City Council. As such, the City Administrator was not able to provide such services without specific or direct Council authorization. The City Administrator indicated further that Georgia Rehbein, who is presently taking the minutes of the Planning Commission meetings, would be available to take the minutes of the Ad- visory Committee if so desired by the City Council. The Council generally discussed the number of meetings and the approximate cost of the secre- tarial services. COUNCILMAN ENGSTROM MOVED TO AUTHORIZE SECRETARIAL SERVICES FOR THE LOCAL GOVERNMENT OPERATIONS ADVISORY COMMITTEE WITH SUCH EXPENDITURES TO BE PAID OUT OF THE CITY COUNCIL'S CONTINGENCY FUND. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED. COUNCILMAN DUITSMAN OPPOSED, COUNCILMAN TOTH ABSTAINING. B. Signs The City Administrator reported to the Councilmembers that stop signs re- quested on Barrington Place and on Main Street at a previous City Council meeting had been erected. C. 101 Bridge Replacem~nt The City Administrator indicated that the location design report which is the second step in the process in replacing the bridge, had been succes- sfully completed by the consulting engineer. The City Administrator in- dicated that the next step in the process would be to authorize completion of preliminary and final design for the structure which would then enable the City to be formally rated and eligible for funds from the State and Federal governments. The City Administrator recommended that the Council meet in a work session with the Wright County Engineer to review the City's ranking and the possible availability of funds prior to authorizing further work on the bridge replacement. Council consensus was to agree with the Administrator's recommendation to meet with the Wright County Engineer at a future date. 18. Check Register COUNCILMAN SCHULDT MOVED APPROVAL OF THE CHECK REGISTER AS PREPARED. COUNCIL- MAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 19. Tentative Agenda Items tentatively to be discussed for the City Council meeting on March 1, 1982, include Alltool Industrial Revenue Bond Financial Analysis, Sale of City Council Minutes February 18, 1982 Page Ten the 1939 Fire Truck, and Custom Motors Conditional Use Permit. There being no further business, COUNCILMAN TOTH MOVED THAT THE CITY COUNCIL MEETING BE ADJOURNED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, 6/C Robert C. Middaugh City Administrator RCM:dkk