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06-21-1982 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY JUNE 21, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth, and Duitsman. None Members Absent: 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item l6~ - A meeting date for administrator session was added to the June 21st, 1982 City Council agenda. COUNCILMAN SCHULDT MOVED TO APPROVE THE JUNE 21ST, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN. ENGSTROM SECONDED. THE. MOTION. THE. MOTION PASSED 4-0. 3. Minutes COUNCILMAN DUITSMAN MOVED TO APPROVE THE MINUTES OF THE JUNE 7TH, 1982, CITY COUNCIL MEETING. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike No one appeared for this item. 5. Renewal of Employee Health Insurance Plan The City Administrator indicated that the renewal date for the City's group health insurance is July 1st, 1982, and further indicated that the rates proposed by Physician's Health Plan, the current health insurance plan for the City's employ- ees, represents a rate increase from $49.98 to $53.10 for single employees and a rate increase from $151.30 toa new rate of $170.40 for family employees, with ben- efits remaining the same as the previous package. The City Administrator further indicated that City staff has been checking with several other health insurance organizations and have found that the benefit pack- age offered by PHP cannot be obtained for the same cost from another carrier. The City Administrator further indicated that in the City's budget, a rate increase for single employee coverage was conSidered and that the family rate of $105.00 contrib- uted from the City would remain the same, so therefore, would propose no impact on the City's budget. The Cify Administrator indicated that it is recommended that the City Council approve the renewal of the Physician's Health Plan Group Policy for the City of Elk River employees. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PHYSICIAN'S HEALTH PLAN GROUP POLICY FOR THE CITY OF ELK RIVER EMPLOYEES. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Issuance of Mechanical Amusement Device Licenses to Br~adway Bar and Pizza and Dick's Main Tap. The City Administrator indicated that applications for mechanical amusement device City Council Minutes June 21, 1982 Page Two licenses have been received from Broadway Bar and Pizza and Dick's Main Tap and further indicated that both of the license applications had been reviewed and approved by the City's Chief of Police. Councilman Engstrom questioned the process if new machines were added to the establishment. The City Administrator indicated that the licenses are issued for specific machines and should machines be replaced or added, they would have to notify the City of such changes. COUNCILMAN TOTH MOVED TO APPROVE THE MECHANICAL AMUSEMENT DEVICE LICENSES FOR BROADWAY BAR AND PIZZA AND DICK'S MAIN TAP. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Issuance of Intoxicating and Non-intoxicating Liquor Licenses The City Administrator indicated that the list of requests for both non-intoxicat- ing and intoxicating liquor licenses attached to the memo from the City Administrat- or to the Mayor and Council for calendar year 1982 = 1983. The City Administra~or further indicated that all of the applicants on the 11st currently hold licenses and each of the applications have been reviewed by the City's Chief of Police. The City Administrator indicated that the application for off sale non-intoxicating malt liquor by Wally Houle has also been received, and asked that the City Council add his application to the liquor licenses requested list. COUNCILMAN DUITSMAN MOVED TO APPROVE THE LIQUOR LICENSE APPLICATIONS FOR THE ESTAB- LISHMENTSAS LISTED ON THE MEMO DATED JUNE 18, 1982, WITH THE ADDITION OF WALLY HOULE OIL COMPANY, INC., FOR AN OFF SALE NON-INTOXICATING MALT LIQUOR LICENSE. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Barthel Planned Unit Deve1pment Conditional Use Permit and Preliminary Plat - Public Hearing. Mayor Hinkle indicated that this is the first formal opportunity for the City Coun- cil to review the documents associated with the Barthel PUD for the required con- ditional use permit and the preliminary plat. Mayor Hinkle further indicated that as there was an error in the first published public hearing notice regarding the date of the public hearing, even though mailed notices were sent and a second pub- lic hearing notice was published, it was reconnnended that the City Council cenduct the public hearing but then continue the public hearing at the next City Council meeting schedule in July. Mayor Hinkle then asked Mr. Ken Barthel to make his presentation regarding the conditional use permit and preliminary plat for the Barthel PUD to the City Council. Mr. Marlin Hutchinson of the Barthel development group, indicated that the last time they had made a presentation to the City Council, the proposed size of the shopping center building was 95,000 square feet and further indicated that due to resistance of the City Council and Connnunity, the new proposed size of the shopping center has been reduced to 75,000 square fe.et. Mr. Hutchinson further indicated that no other changes have currently been made on the preliminary plat as compared to the original concept proposed to the City Coun~ cil. City Council Minutes June 21, 1982 Page Three Mayor Hinkle then opened the public hearing .to the public. Mr. Joe Flaherty in- dic~ted that he felt the shopping center should not be cut down in size and further indicated that he felt the bigger, the better. Mr. Flaherty indicated that a larger shopping center would bring in more people, and if the community wanted the town to grow, they should support a large shopping center. Mr~ Flaherty in- dicated that there are the same number of businesses downtown as there were some years ago, and yet the population has increased and that he recommended that the City Council not hold down the development of the community. Councilman Engstrom explained that the concern of the shopping center size was important because too large of a shopping center could take away from the down- town area. Councilman Engstrom indicated that the shopping center should be de- veloped in phases as to compete with the downtown area, rather than cause the down- town to die. The City Administrator explained that the question of size of the shopping center was important and the impact that the size may have on the downtown. The City Ad- ministrator further explained that the outlying shopping center should compete with the downtown area, rather than take away from the downtown. Mr. Conrad Johnson of Johnson's Department Store, indicated that he did not oppose the shopping center and further indicated that he felt the developer should make the decision regarding the size of the shopping center and further indic~ted that he did oppose the issuance of industrial revenue bonds to the developer. to subsi- dize the rental fees for the commercial space in the shopping center. Mr. Johnson indicated that he felt the City Council should make a decision th~t is best for the City of Elk River and for all concerned. Mr. Johnson indicated that the default of industrial revenue bonds can affect the rating of the City. Mr. John- son further indicated that frequently building figures are inflated and rents can be cut to major renters to get things going for the shopping center. Mr. Johnson further indic~ted that who pays for fixtures, carpeting, and other leaseholder im- provements, should also be a concern of the City Council with regard to the total project. Mr. Johnson again expressed his opposition to the issuance of indus- trial revenue bonds for the shopping center, and further indicated that he felt the marketplace should decide the size of the shopping center. Mr. Gary Santwire submitted a letter from Mr. Scott Anderson regarding Mr. Ander- son's concern of the Barthel PUD and the impact it may have on the Barrington Place PUD. Mr. Santwire also submitted a letter from Gar-San Enterprises, Inc., regarding the conditional use standards and Barthel's PUD compliance with those conditional use standards. Mr. Dave Schowalter, planner and architect representative of the downtown area people, indicated.that he reviewed the impact the shopping center would have upon the downtown people. Mr. Schowalter explained that he had accomplished four tasks regarding the development: #1, the plan methodology appeared to have no problems, #2, the evaluation of the sourCes of information - Mr. Schowalter indi- cated that there was a definite slowdown in growth and even with the revised pop- ulation figures, the proposal submitted by the Barthel Planned Unit Development was still very optimistic; #3, Evaluation from the outside on the impact of a 95,000 City Council Minutes June 21, 1982 Page Four square foot and a 44,000 square foot shopping center on the downtown - Mr. Schowalter indicated that the City Council should analyze statistically the proposed square footage available to the community for commercial retail space and further indicated that there should be a balanced growth between the down- town community and a shopping center on the outer edge of the downtown area; 114, the timing is right to promote some development in the City of Elk River - Mr. Schowalter indicated that the proposed size is the issue. and further indicated that the proposed size is very agressive and optimistic and that the proposal does exceed the projected growth. Mr. Dan Anderson indicated that he agreed with Mr. Conrad Johnson regarding the opposition to industrial revenue bonds and that if the developer is interested in developing a shopping center, he should be able to build whatever size he can develop, but if the City chooses to issue industrial revenue bonds, the City must have control. Ms. Laura Manske indicated that the lease terms and the major tennants. of the project and whether they had plained that they have been working Barthel development group has identified the Mr. Gary Santwire questioned the exact cost exact lease arrangements. Mr. Hutchinson ex- with estimates on costs and lease arrangements. Mr. Rob VanValkenburg submitted a fact sheet to the City Council expressing his concern and how his concerns relate to the Sunshine Depot and the proposed Barthel PUD. Mr. VanValkenburg indicated that he did not feel the downtown people have had an opportunity to work with and improve their downtown redevelopment project. Ms. Estelle Gunkel, Planning Commission member, questioned the schedule of de- velopmemt for the Planned Unit Development. Mr. Marlin Hutchinson indicated that their prime concern is to get the shopping center going and the rest of the planned unit development would then follow. Mr. Nick Olsen, representative of the East Side Concerned Citizens, expressed their approval of the design of the Planned Unit Development and further indicated that the East Side Concerned Citizens were not concerned with the size of the shopping cneter. Mr. Nick Olsen indicated that the East Side Citizens were concerned about the streets and traffie into the Planned Unit Development. Ms. Laura Manske of the Barthel development group, indicated that with respect to the City's planner, it was the unanimous consensus that the Barthel Planned Unit Developmnet site is the site for the shopping center for the City of Elk River. Mr. Gary Santwire indicated that the proposed site does not have any improvements and that there is a question of adequate water supply and further indicated that improvements are in across the street in the Barrington Place Planned Unit Develop- ment, and further indicated that the Barrington Place Planned Unit Development was not the wrong site. Mr. Carl Brownfield of the Elk River Cinema indicated that he believed in free enterprise and that all should have to pay the market rates. ~ City Council Minutes June 21, 1982 Page Five Mayor Hinkle suggested that Barthel make their request for a conditional use permit to the Planning Commission and further asked Commission Chairman Marty Tracy to be sure all five members of the Planning Commission were present to hear the Barthel Planned Unit Development conditional use request. Councilman Toth questioned the next step in the process of the Barthel Planned Unit Development conditional use permit. COUNCILMAN TOTH MOVED TO CONTINUE THE PUBLIC HEARING OF THE CONDITIONAL USE REQUEST BY THE BARTHEL PLANNED UNIT DEVELOPMENT TO THE JULY 7TH CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Mayor Hinkle indicated that many questions regarding the Planned Unit Development and the impact it may have on the community have not been answered. Mayor Hinkle indicated that the City Council must address the traffic situation to the Planned Unit Development, the phasing of the other buildings in the Planned Unit Develop- ment, the housing feasibility for the Planned Unit Development, and the public improvements, which would include a water study and storm drainage for the Planned Unit Development. Mayor Hinkle indicated that he could appreciate Joe Flaherty's enthusiasm about the promotion of growth for the City of Elk River, but the City Council must plan ahead and consider what is best for the whole City. Mayor Hinkle indicated that he could understand what Mr. Conrad Johnson was saying regarding. the issuance of industrial revenue bonds, and further indicated that the City Coun- cil could not pick or choose what types of development should go and which ones should not, and further indicated that the City Council must decide what is best for the whole community. The City Administrator indicated that the questions raised by the Mayor need to be addressed before the Planned Unit Development plat can be accepted and further indicated that the size of the shopping center is the first question to be answered. Councilman Duitsman indicated that the sanitary sewer is there and that a water study and the problem of the storm sewer are being addressed and further indicated that the water service, sanitary sewer service and storm sewer service will be planned with a large shopping center as a possibility. 9. Barrington Place Industrial Revenue Bond Request Mr. Gary Santwire reviewed his site plan for the Barrington Place Planned Unit De- velopmeat and the concept drawing of the proposed shopping center facility. Mr. Santwire indicated that the proposed shopping center facility has approximately 47 ,000 gros~s~uare feet, with approximately 44,000 of net.lr:,!sible space. Mr. Santwire indicated that his Planned Unit Development and proposed shopping center does comply with the requirements of the conditional use permit and further indi- cated that b.:i.sdevelopment does have the improvements. Councilman Schuldt questioned the number of tennants Mr. Santwire had for his proposed shopping facility. Mr. Gary Santwire indicated that the market conditions are clouded for the City of Elk River at this time and further indicated that there City Council Minutes June 21, 1982 Page Six could be a possibility of one large tennant and couple medium-sized tennants with the last of the space for smaller tennants. Mr. Santwire indicated that the tennant mix for his proposed facility will be affected by what happens across the street with the Barthel Planned Unit Development. Mr. Santwire indicated that he is concerned that his PUD proceed in an orderly fashion. Councilman Schuldt questioned Mr. Santwire regarding the possibility of building the proposed facility without the support of industrial revenue bonds. Mr. Gary Santwire indicated that he did not believe it would be possible to build the pro- posed shopping facility without the support of industrial revenue bonds, and further indicated that he wanted the assurance from the City Council for the issu- ance of industrial revenue bonds, and then he would proceed to put a package to- gether for presentation to the City Council. Councilman Schuldt questioned the impact the Barthel Planned Unit Development may have on Barrington Place Planned Unit Development, should both projects receive approval. Mr. Gary Santwire indicated that he did not feel both projects could be built. Mr. Santwire indicated that the development on the outlying areas should be in balance with the downtown development. Mayor Hinkle questioned the Council's consensus regarding the approval of indus- trial revenue bonds for the Barrington Place Planned Unit Development. Councilman Schuldt indicated that he was not in favor of the issuance of industrial revenue bonds for the proposed project. Councilman Duitsman indicated that he felt both the proposed Planned Unit Developments should be treated equally and further indicated that he felt the City Council did not want to pick and choose. Council- man Duitsman indicated his concern for the type of tennantsand further indicated that he felt the downtown area was for more professional types of businesses and the shopping center would contain more of the retail types of businesses. Councilman Toth indicated that the City Council must be concerned about all of the proposed projects and the downtown area. Councilman Toth further indicated that he felt the City Council could not say "yes" to one project and "no" to the other and further indicated that he felt both proposals should be treated fairly and simultaneously. COUNCILMAN DUITSMAN MOVED TO POSTPONE THE DECISION OF THE APPROVAL OR DENIAL OF INDUSTRIAL REVENUE BONDS FOR THE BARRINGTON PLACE PLANNED UNIT DEVELOPMENT PROPOSED SHOPPING FACILITY UNTIL THE JULY 7TH CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Construction of Sidewalks on Irving Avenue- Public Hearing Mr. Terry Mauer of Consulting Engineers Diversified, indicated that the sidewalk proposed for Irving Avenue would be a five foot sidewalk constructed next to the curb from 5th Street to School Street and further indicated that the construction of the sidewalk would be funded by MSA funds. Mr. Mauer further indicated that there would be minor disruptions of the area and that the driveways would be recon- structed to the same or better condition. City Council Minutes June 21. 1982 Page Seven Mr. Dave Cilenski. a resident on Irving Avenue, indicate of the sidewalk project but expressed his concern for th sidewalk and the snowPlowing of the sidewalk. that he was in favor maintenance of the The City Administrator indicated that the plowing of the sidewalk could possibly be done with the wing of the snowPlow or possibly the sn w would have to be hauled away. The City Administrator further indicated that tha would have to be a Coun- cil policy decision. i Ms. Myrna Nord indicated that she was in favor of the si ewalk.and further indicated that she felt the sidewalk would be an important safety. actor for children and adults that walk along Irving Avenue. Mr. Charles Anderson questioned the reconstruction of Irving Avenue. Mr. Terry Mauer indicated that the design of the sidewalk would be done with the future im- provement of Irving Avenue in mind. General discussion was carried on regarding the size of Irving Avenue and the pos- sibility of reconstruction of that street. with regard to the grade. Mr. Jim Nord indicated that he felt the issue of the sidew~k-was for the safety of the people and further indicated his approval of the sidewalk. Mr. Lloyd Brutlag, representative of Independent School District #728. indicated that the School Board passed a resolution promoting the safety of children and the approval of the proposed Irving Avenue sidewalk. Ms. Edith Weise indicated that she did not feel walking along the street was a problem regarding safety and further indicated that she felt that traffic control was more important. Mayor Hinkle indicated that the City Council has received two petitions regarding the construction of sidewalk along Irving Avenue; one with 45 signatures approving the construction of the sidewalk and one with 34 signatures opposing. the construc- tion of the sidewalk. Mr. Charles Anderson suggested that stop signs be placed at each intersection along Irving Avenue and further indicated that he did not feel the sidewalk was necessary as no one has been hurt along that street. Mr. Fred Temple. an employee of the School District, indicated that he has seen a number of near-misses regarding accidents along Irving Avenue and further indicated that he did not feel the connnunity should wait until an accident happens before something is done about the situation. Mr. Robert Dehn questioned the number of trees in the right-of-way that would have to be removed for the construction of the sidewalk. Mr. Terry Mauer indicated that there were two elms and one I-inch pine. as well as some hedge in the right- of-way. Councilman Duitsman indicated that he was in favor of the sidewalk and would like to review the plans and specifications before final approval. City Council Minutes June 21, 1982 Page Eight Councilman Schuldt indicated that if the proposed shopping center on the west side of Highway 11169 takes place, it will cause increased traffic along that area and further indicated that the benefits of a sidewalk along Irving Ave- nue outweighed the bad and therefore, was in favor of the sidewalk project. COUNCILMAN TOTH MOVED TO AUTHORIZE THE CITY ENGINEER TO PROCEED WITH PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A SIDEWALK ALONG IRVING AVENUE. COUNCIL- MAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Anderson Conditional Use Permit Request - Public Hearing The City Administrator indicated that Mr. Gary Anderson has applied for a con- ditional use permit for 21090 York Street in Elk River to utilize a temporary trailer as his residence while he is constructing his home. The City Administrat- or further indicated that Mr. Anderson has applied for and received a building permit. Mr. Rick Breezee, the Building and Zoning Administrator, indicated that Mr. And- erson has applied for this conditional use permit to place a temporary trailer on his property in order to protect his construction materials from thievery during the construction of his home. COUNCILMAN DUITSMAN MOVED TO APPROVE A CONDITIONAL USE REQUEST FOR THE PLACEMENT OF A TEMPORARY TRAILER ON THE PROPERTY AT 21090 YORK STREET FOR A PERIOD OF SIX MONTHS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Lundgren Zone Change - Public Hearing The City Administrator indicated that Mr. Ted Lundgren of Princeton, Minnesota, has requeSted that approximately 17 acres be rezoned from its current class of R-lbl Single Family Residential, toa combination of R-3/Townhouse-Multiple Family Res- idential, and R-lc/Single Family ResidentiaL The City Administrator indicated that the R-lc use proposed by Mr. Lundgren is single family lots which would abut on the north the two other single family lots in the Ridgewood East subdivision, - and further indicated that Mr. Lundgren's proposed R-3 use would abut both R-2 and R-4 uses currently existing in the south portion of the 17 acres. The City Admini- strator indicated that the Planning Commission voted unanimously to approve the zone change as requested by Mr. Lundgren. Mr. Rick Barakat, a resident on 193rd Avenue, indicated that they have come to an agreement regarding the proposed. plat Mr. Lundgren has planned for the 17 acres. Mr. Rick Foster indicated that the residents along 193rd Avenue were concerned with the lot sizes along 193rd and Mr. Lundgren has agreed to reduce the number of lots from six to four. Mr. Steve Rehmer questioned the difference between the R-lb zone and the R-lc zone. The City Administrator indicated that R-lb zone requires 8,500 square feet and an R-lc zone requires 6,500 square feet. ~ City Council Minutes June 2l~ 1982 Page Nine Mr. Richard Wallack, a resident of Ridgewood East, indicated that the Planning Commission had originally voted to deny the zone change request by Mr. Lundgren and now has voted to approve the zone change and questioned the change in the Planning Commission's feelings. Mr. Steve Rehmer expressed his concern of the traffic on Highland Road and further indicated that he was not in favor of the zone change because of the traf- fic the higher density would create. The City Administrator indicated that Highland Road is designated as a State Aid road and has been designed to handle the flow from the developments in the northern part of the City. General discussion was carried on regarding roads and the traffic flow that would be created by the development. COUNCILMAN TOTH MOVED TO DENY THE ZONE REQUEST FROM R-lb TO R-lc AND TO APPROVE THE ZONE CHANGE REQUEST FOR APPROXIMATELY FOUR AND ONE-HALF ACRES IN THE SOUTHWEST CORNER OF THE 17 ACRES TO BE REZONED FROM R-lb TO R-3. COUNCILMAN DUITSMAN SEC- ONDED THE MOTION. THE MOTION PASSED 4'-1. COUNCILMAN SCHULDT OPPOSED. 13. Morvig Variance Request - Public Hearing Mr. Rick Breezee, Building and Zoning Administrator, indicated that Marvin Morvig, owner of the Elk Motel at 13291 Highway 1110 ~ has requested a setback variance from 1$ Orono in order to construct a garage on his property. Mr. Breezee indicated that Mr. Morvig currently has a small delapitated structure approximately 12 feet from Lake Orono~ situated between the two motel units and, further indicated that Mr. Morvig's variance request is to remove this current structure and replace it with a new structure which would be set back approximately 20 feet from Lake Orono. Mr. Breezee indicated that the proposed new structure would encroach on the 75 foot setback that has been established by the Department of Natural Resources. Mayor Hinkle indicated that the Morvig variance request is similar to the Les Anderson variance request regarding setbacks imposed by the DNR. Mayor Hinkle opened the public hearing. No one expressed their concern for or against the variance request. COUNCILMAN DUITSMAN MOVED TO APPROVE THE REAR YARD SETBACK VARIANCE REQUEST BY MR. MARVIN MORVIG FOR HIS PROPERTY AT 13291 HIGHWAY 1110. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Axelson Zone Change and Variance - Public Hearing Mr. Rick Breezee, Building and Zoning Administrator, indicated that Mr. and Mrs. Charles Axelson of 702 Upland Avenue, have requested a zone change and a front yard setback variance for their property on the corner of Upland and Highway #10, as they want to add bedroom space to the front of their current structure. Mr. Breezee indicated that the current zoning of the Axelson property is 1-2/Medium Industrial, and therefore, they are a nonconforming use. City Council Minutes June 21, 1982 Page Ten Mr. Loecher, attorney representing the Axe1sons, indicated that Mr. Ray Noble re- quested a ~one change from residential to commerica1 in 1978 and was denied that request; therefore, he sold the property to the Axelson's as residential prop- erty. Mr. Loecher also indicated that the Axelson's did not receive notification of the ~one change from residential to 1-2. Mrs. Axelson indicated that they purchased the property in 1978 and received a building permit to alter and restore the structure and further indicated that the ~one change was made in 1980 and they are now, therefore, a nonconforming use and cannot add on to their existing structure. Mr. Bree~ee indicated that if the re~one request was granted, the Axelson's would still need a variance as their proposed addition would encroach upon the front yard setback requirements. Mr. Loecher indicated that the Axelson's neighbors did not receive notice for the public hearing regarding the Axelson's ~one change request. Mr. Don Schumacher, representative of Cretex and Elk River Concrete Products, indicated that as prop- erty owners of property along Upland Avenue, they did receive notice of the public hearing. The City Administrator indicated that as the present ~oning and land use map indi- cates, Upland Avenue is the natural buffer between the industrial ~oning and the residential ~oning and a re~oning of the Axelson property would meet the criteria for a spot ~one request. Mr. Martin Tracy, Chairman of the Planning Commission, indicated that the Planning Commission voted against the re~one request as the Planning Commission felt the request met the spot ~oning criteria and further indicated that the Planning Com- mission would like more flexibility in the dealing with nonconforming uses. The City Administrator indicated that the issue was the re~oning request and that the nonconforming use issue could be dealt with at a later date. Mr. Loecher again indicated that the Axelson's did not receive notice of the ~one change from single family residential to medium industrial. Mr. Dave Sellergren, the City Attorney, indicated that the public notice requirements were fulfilled by the City of Elk River and further indicated that no one individual resident has a vested right in the ~oning of the property. Councilman Toth indicated that the previous request in 1978 by Mr. Noble was to re~one the property to commercial. In 1980, the property was re~oned to medium industrial. Councilman Schuldt indicated that he agreed with the Planning Commission's argu- ment that the Axelson ~one change request met the criteria of spot ~oning. Coun~ cilman Schuldt further indicated that it is his belief that spot ~oning .is not in the best interest of the City and further indicated that there may be a way to deal with special problems regarding nonconforming uses but that he could not approve a spot ~one change request. City Council Minutes June 21, 1982 Page Eleven COUNCILMAN SCHULDT MOVED TO DENY THE ZONE CHANGE REQUEST BY MR. AND MRS. CHARLES AXELSON FOR THEIR PROPERTY AT 702 UPLAND AVENUE. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Morrell Amendment to Conditional Use Permit Mayor Hinkle indicated that Mr. Larry Morrell was granted a conditional use per- mit to place a personal mini-storage building on his property on Jackson Avenue and that one of the conditions placed on the conditional use permit was that the building would have brick on each of the four corners. Mayor Hinkle further indicated that the requirement of the brick on each of the four corners was so that the metal mini-storage building would be more compatible with the other uses in the R-4 zone. Mayor Hinkle indicated that Mr. Morrell has requested a chflngE;Ldn his conditional use permit to allow him to put stucco instead of brick on each one of the four corners. Mr. Morrell indicated that brick would cost approximately $1500 more than stucco. Councilman Toth ..indicated that the closest building to the mini-storage building is stucco. The City Administrator indicated that the closest principal use to the mini-storage building is brick and further indicated that Mr. Morrell agreed to use brick at the time the conditional use permit was approved. The City Ad- ministrator further indicated that a change in the conditional use permit could open up many problems to the City Council. Councilman Schuldt indicated that Mr. Morrell consented to the conditions of the conditional use at the time of approval of the conditional use permit and therefore he felt that this was not the time to change the conditions of the conditional use. Mr. Morrell indicated that at the time of the conditional use, he was not given a choice of color or whether it could be brick or stucco. Councilman Engstrom indicated that Mr. Morrell did agree with the terms of the conditional use permit at the time of granting of the conditional use by the City Council. COUNCILMAN DUITSMAN MOVED TO APPROVE THE CHANGE IN A CONDITIONAL USE PERMIT GRANTED TO MR. LARRY MORRELL FOR HIS PERSONAL MINI-STORAGE BUILDING FROM THE REQUIREMENT OF BRICK ON THE FOUR CORNERS OF THE BUILDING TO STUCCO. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-1, COUNCILMAN SCHULDT OPPOSED. 16. Administrator's Update A. 101 Bridge The City Administrator reviewed the drawings submitted for the proposed align- ment of Main Street and "Highway 10 as it relates to the replacement of the Highway 101 bridge with the City Council. The City Administrator further in- dicated that he had met with Mr. A1 Nadeau regarding the impact of the bridge on his business and it appears that Mr. Nadeau will now have more parking space than he had previously. City Council Minutes June 21, 1982 Page Twelve Councilman Duitsman questioned the more than 900 turn from the bridge onto Main Street and further questioned the provisions for stacking lanes along Main Street at the intersection of Highway 10. The City Administrator indicated there would be a left turn lane from Main Street onto Highway 10 and a lane going straight ahead as well as a left turn lane on Main Street to turn onto the bridge. The City Administrator further indicated that he and the Mayor had met with the Minnesota Depart- ment of Transportation regarding the intersections at Jackson and Highway 10, Highway 169 and Main Street, and Main Street and the bridge. The City Admin- istrator indicated that the petition signed for the stop light at 169 and Main Street will be submitted to the Minnesota Department of Transportation. Councilman Schuldt questioned the funding for the Highway 101 bridge. The City Administrator indicated that the City of Elk River 101 bridge should be funded in 1983-84 funding cycle. B. Star Cities Program The City Administrator indicated that the State Department of Economic De- velopment is interested in meeting with the Associated Investor's of Elk River, Mr. Don Schumacher of the HRA, the Chamber of Commerce, and the City Council for a luncheon meeting on July 9th regarding the Star Cities Program. It was the general consensus of the City Council that the luncheon meeting on July 9th would be satisfactory. C. City Council Meeting Dates The City Administrator reviewed the upcoming meeting dates for the City Coun- cil in June and July that are currently scheduled. D. School Street Bids The City Administrator indicated that bids were received on Tuesday, June 15th, 1982, for the construction of the School Street Municipal State Aid, Project. The City Administrator indicated there were a total of four bids received and the apparent low bidder was Bauerly Brothers, Inc., in the amount of $343,501.32. The City Administrator recommended that the City Council review the storm sewer project before awarding the bid for the School Street project. The City Administrator indicated that it appears the bids for the School Street project are lower than the estimated costs and that the City Council should consider awarding the contract within the next two weeks. Councilman Toth questioned the problem of construction along School Street, should the award be made later and school would be in session during construc- tion. Terry Mauer of Consulting Engineers DiversHiedindicated that the con- tractor indicated the pipe for the storm sewer could be in the street in ap- proximately two weeks, providing good weather. Mr. Mauer further indicated that should construction be in progress during the opening of school, provis- ions are made for the school buses to still be able to operate as usual. City Council Minutes June 2l~ 1982 Page Thirteen E. Storm Water Feasibility Study Mr. Terry Mauer of Consulting Engineers Diversified, reviewed the storm water feasibility study plan with the City Council. General discussion was carried on regarding the feasibility study and the total concept of the storm water project. It was the general consensus of the City Council that Consulting Engineers Diversified should present a final copy of the feasi- bility study for the City Council's approval at the next regular scheduled meeting. F. Submission of Bids on Office Equipment from the Region 7W Offices in St.. Cloud The City Administrator indicated that the Region 7W offices were receiving bids on all of their office equipment including typewriters, office furniture, and various other office machines. The City Administrator requested approval of the City Council to submit bids on various equipment that the City of Elk River could use in their offices. COUNCILMAN DUITSMAN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO SUBMIT BIDS ON VARIOUS OFFICE FURNITURE AND EQUIPMENT UP TO A TOTAL COST OF $500. COUNCIL- MAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. l6~. Administrator Session Wednesday, July 14th, 1982, at 8:00 p.m. was established as a meeting date for re- view of .the City Adm:Lnistration. 17. Check Register COUNCILMAN SCHULDT MOVED TO APPROVE THE JUNE 17TH, 1982, CHECR REGISTER. COUNCIL- MAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 18. Tentative Agenda The Barthel Planned Unit Development Conditional Use Permit is tentatively scheduled for the July 7th, 1982 City Council meeting. There being no further business, COUNCILMAN TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, QiyJL fJ~~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:cml