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11-03-1980 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE ELK RIVER CITY COUNCIL HELD IN THE ELK RIVER PUBLIC LIBRARY NOVEMBER 3, 1980 Members Present: Mayor Madsen, Councilmembers Duitsman and Toth Councilmembers Otto and Engstrom arrived at 8:30 p.m. Members Absent: None. 1. The meeting was called to order at 8:00 p.m. by Mayor Madsen. 2. Agenda COUNCILMAN DUITSMAN MOVED APPROVAL OF THE NOVEMBER 3, 1980 CITY COUNCIL AGENDA. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 3. Minutes COUNCILMAN OTTO MOVED APPROVAL OF THE MINUTES OF THE OCTOBER 14, 1980 SPECIAL CITY COUNCIL MEETING AND THE MINUTES OF THE OCTOBER 20, 1980 REGULAR CITY COUNCIL MEETING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Ron's Star Market Industrial Revenue Bond Issue Mr. Ambrose Yehle, representing Ron's Star Market, was present to answer any questions the City Council may have regarding the final resolution authorizing the project under the Minnesota Municipal Industrial Development Act. The City Administrator indicated that the final resolution completed the City's part of the industrial revenue bond issue and further indicated that the documents have been reviewed and approved by the City Attorney. COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 80-37, AUTHORIZING THE RON'S STAR MARKET PROJECT. UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DE~LOPMENT ACT, AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS, TO FINANCE THE PROJECT IN THE AMOUNT OF $1,060,000. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Assembly of God Church Request for Zone Change, Zoning Ordinance Change, and Conditional Use Permit The City Administrator indicated that the Assembly of God Church has requested the City to allow the Church to construct a building behind the present Church, and further indicated that the area in question is currently zoned I-I, and as such, the Assembly of God Church, in its present location, is a non-conforming use and cannot be allowed to expand or increase ~he size of its present use. The City Administrator indicated that the Church property is adjacent to both Rl-C on the Church's east side, and to R-4 property immediately south of the Church and further indicated that City Staff recommends the City Council approve the zone change to R-4 for the Assembly of God Church property. The zone change to R-4 is recommended as the R-4 would provide a buffer of high density residential between the R-lC zone to the east of the Church and the I-I zoning immediately to the west of the Church. November 3, 1980 Page Two The City Administrator indicated that a Zoning Ordinance amendment was also necessary, because the permitted uses under R-4 do not list religious institutions as an allowable use, and further indicated that the City Planner and City Attorney both found that the use is appropriate in the R-4 district, and it was merely excluded as an oversight in the drafting of the Ordinance. The City Administrator indicated that it is recommended by City Staff that the City Council amend the permitted uses for the R-4 Zoning District to allow bot'h religious institutions and schools as permitted uses. The City Administrator further indicated that the Conditional Use Request for the Assembly of God Church is to allow a temporary trailer to be parked immediately behind the Church to function as a classroom and meeting room until such time as the Assembly of God Church can actually construct their planned addition. The City Administrator further indicated that the Planning Commission had reviewed the above requests at their October 27,1980 meeting, and voted unamimously to approve the zone change from R-l to R-4 and the corresponding Land Use Change, and to approve the Conditional Use Permit for a temporary trailer to be located 15 ft. from the Church for a period of one year. Mr. Lawrence Westholter, a citizen from the area, questioned the possibility of the Assembly of God's Church to use their basement, rather than adding on an addition, for their classroom and meeting activities. Mr. Dexter Mapsen, representative for the Assembly of God's Church, explained that their Church did not have enough room at this time and therefore, the need for additional classroom/meeting room space is necessary. COUNCILMAN TOTH MOVED TO APPROVE A ZONING ORDINANCE AMENDMENT FOR PERMITTED USES UNDER THE R-4 ZONING TO INCLUDE RELIGIOUS INSTITUTIONS AND SCHOOLS AS PERMITTED USES. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN DUITSMAN MOVED TO APPROVE A ZONE CHANGE FROM I-I TO R-4 FOR THE ASSEMBLY OF GOD'S CHURCH.PROPERTY. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMAN ENGSTROM MOVED TO APPROVE THE CONDITIONAL USE REQUEST FOR THE ASSEMBLY OF GOD'S CHURCH TO ALLOW A TEMPORARY TRAILER TO BE LOCATED 15 FEET FROM THE CHURCH, ITSELF~ FOR A PERIOD OF ONE YEAR, AND TO APPROVE THE MOVEMENT OF THE TRAILER DURING THE CONSTRUCTION OF THE PROPOSED ADDITION TO A LOCATION APPROVED BY THE BUILDING INSPECTOR. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Barrington Place Final Plat The City Administrator indicated that the final plat for the Barrington Place Planned Unit Development had been reviewed and approved by City Staff and further indicated that the one change included in the final plat from the preliminary plat is the leg of the service road, linking the main body of the Planned Unit- Development to the Elk Hills Drive, inasmuch as it is not a part of the plat and therefore presents certain legal difficulties in the legal description of the final plat. The City Administrator further indicated that the construction of the road would be secured by the Developer's Agreement between Mr. Santwire and the City of Elk River. The City Administrator indicated that part of the final plat approval for the Planned Unit Development is the Developer's Agreement, which stipulates the uses allowable in the Planned Unit Development, in particular, the uses in the commercial area, and sets forth the terms and conditions of the completion of the improvements in the Planned Unit Development, which includes the sewer hookups, buffer areas, and screening as all parts of the agreement. Mr. Gary Santwire indicated that representatives from Faith Fellowship Church were present, regarding their concerns over screening between their property November 3, 1980 Page Three and the commercial area. The City Administrator indicated that each commercial lot would be considered a separate entity and a site plan with required screening would be required for each commercial lot development. Mr. Gary Santwire questioned the ten percent fee for park land and how the market value was determined. The City Administrator indicated that the park dedication fee of 10% of the fair market value of the property does not require the commercial area to be included, and further indicated that the property would be appraised to determine the market value. The City Administrator indicated that it is recommended by the City Staff that the Elk River City Council grant final plat approval for the Barrington Place Planned Unit Development, subject to the Developer entering into a Developer's Agreement covering the improvements in the project and uses intended for the project. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE FINAL PLAT FOR THE BARRINGTON PLACE PLANNED UNIT DEVELOPMENT, APPROVAL OF THE DEVELOPER'S AGREEMENT, AND APPROVAL OF THE PLANNED DEVELOPMENT AGREEMENT AS AMENDED TO DELETE CREDIT AGAINST THE CONTRIBUTION TO THE PARK FUND FOR POND AND STORM WATER HOLDING AREAS. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth addressed the City Council regarding the dip in the road on Elk Hills Drive, and requested that improvement of that road be combined with the Planned Unit Development project. Mayor Madsen indicated that the problem was there when the City accepted the road, and is still, therefore, a City problem. Councilman Engstrom indicated that he was in favor of including the improvement of the dip in Elk Hills Drive to the Planned Unit Development project. COUNCILMAN TOTH MOVED TO AUTHORIZE CITY STAFF TO PREPARE THE NECESSARY PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF THE SECTION OF ELK HILLS DRIVE AND TO COORDINATE WORK ON THE PROJECT WITH THE BARRINGTON PLACE PLANNED UNIT DEVELOPMENT. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Willis Conditional Use Permit Request Mayor Madsen indicated that Patsy Willis has requested a Conditional Use Permit to operate a beauty salon in her home at 12210 Ridgewood Drive in the City of Elk River. Patsy Willis indicated that she wanted to operate a beauty salon on a part-time basis, and further indicated that no signs would be displayed advertising her beauty shop. Ms. Patsy Willis also indicated that she had sufficient parking at their home, and further indicated that she had discussed the operating of a beauty salon with her neighbors and had received no opposition. Councilman Duitsman suggested Patsy Willis speak with the Ridgewood Association regarding the operation of a beauty salon in her home, as the Association has deed restrictions and covenants. COUNCILMAN DUITSMAN MOVED THAT THE REQUEST FOR A CONDITIONAL USE PERMIT FOR PATSY WILLIS TO OPERATE A BEAUTY SALON IN HER HOME . BE TABLED UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 9. Verndale Properties Request for Zone Change, Land Use Map Change, and Variance The City Administrator indicated that Mr. Ron West, owner/developer for Kerr- McGee gas station, has requested a Zone Change, Land Use Map Change, and Variance for his property located at the extreme southeast corner of the City of Elk River, November 3, 1980 Page F'our with the bulk of the property in question actually in Anoka County. The City Administrator indicated that .308 acres of the total 3.2 acres is located in the City of Elk River. The City Administrator indicated that the building occupying the property in question was previously the Kerr-McGee and the present owner wishes to continue that use, and further indicated that the property is presently zoned I-I of which service stations are not a permitted use, and as such, the property owner has requested a zone change to C-3 which does permit service stations as a permitted use. The City Administrator indicated that the City's ordinance specifies that when a non-conforming use is discontinued for a period of one year, that the use must be removed and discontinued permanently, and further indicated that if the Planning Commission and City Council grant a zone change, it will not be necessary for the use to be eliminated. The City Administrator further indicated that because the underlying land use is also light industrial, it is necessary for the City Council to change the Land Use Planning Map to correspond with the zoning change to C-3 if it is granted by the City Council. The City Administrator indicated that in the C-3 zoning district, the regulations for setbacks and lot sizes are as follows: lot size-one acre minimum, 50 foot width; front setback, 25 foot; side-yard setback, 20 foot; rear-yard setback, 40 feet, and the building as it is currently situated meets the front-yard setback, but does not appear to have the side-yard and rear-yard setbacks. The City Administrator further indicated that it is recommended that the City Council approve the rear and side-yard setbacks for the building in question, thereby allowing the building to remain in its present location and the use to continue in its present location. COUNCILMAN TOTH MOVED APPROVAL OF THE ZONE CHANGE FROM THE CURRENT I-I ZONING TO A C-3 ZONING FOR THE PROPERTY IN THE EXTREME SOUTHEAST CORNER OF THE CITY OF ELK RIVER CURRENTLY KNOWN AS THE KERR-MCGEE GAS STATION AND MOVED TO APPROVE THE LAND USE PLANNING MAP TO CORRESPOND WITH THE ZONE CHANGE TO C-3 AND MOVED APPROVAL OF THE REAR AND SIDE-YARD SETBACK VARIANCE FOR THE BUILDING IN QUESTION. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Barton Contracting Conditional Use Permit Request for Gravel Extraction Mr. Jerry Duffy, attorney for Barton Contracting, was present to request a twenty-five year conditional use permit and a mineral extraction permit for Barton Contracting. for the purpose of extracting gravel in the City of Elk River. Mr. Jerry Duffy indicated that the request for the conditional use permit for a twenty-five year period was to be assured that the zoning would not change and further indicated that Barton Contracting would work with the City Administrator and City Attorney regarding the specific terms and conditions of the conditional use permit and the mineral extraction permit. Mr. Duffy indicated that it was proposed that permanent buildings and driveways with screening would be planned for the area involving the mineral extraction. Mayor Madsen indicated that the Planning Commission recommended approval of a conditional use permit for a twenty-five year period with the stipulation that the provisions of the mineral extractional ordinance be included as a condition oj the conditional use permit. Councilman Engstrom questioned the plans for a hot-mix plant. Mr. Duffy indicated that is was possible that Barton Contracting may provide a portable plant for resurfacing of local area roads. COUNCILMAN DUITSMAN MOVED TO GRANT APPROVAL OF THE CONDITIONAL USE PERMIT FOR A PERIOD OF 25 YEARS SUBJECT TO BARTON CONTRACTING AND THE CITY OF ELK RIVER NEGOTIATING THE SPECIFIC TERMS AND CONDITIONS TO BE INCLUDED IN THE CONDITIONAL USE PERMIT. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. November 3, 1980 Page Five 11. Agreement with Burlington Northern and the Department of Transportation to Upgrade the Rail Crossings at Main street The City Administrator indicated that the Department of Transportation and Burlington Northern has sent an agreement for upgrading the signals at Proctor Avenue to the County since Proctor Avenue is a county road, and further indicated that Russ Matchinsky, the County Highway Engineer, indicated that he would be recommending that Sherburne County enter into the agreement for upgrading the signals at Proctor Avenue. COUNCILMAN DUITSMAN MOVED APPROVAL OF THE AGREEMENT WITH THE BURLINGTON NORTHERN AND THE COMMISSIONER OF TRANSPORTATION TO UPGRADE THE RAIL CROSSING AT MAIN STREET IN THE CITY OF ELK RIVER. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Acton Pay Estimate #4 COUNCILMAN DUITSMAN MOVED APPROVAL OF THE REQUEST FOR PAYMENT #4 BY ACTON CONSTRUCTION IN THE AMOUNT OF $111,882.53. COUNCILMAN OTTO SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Administrator's Update A. Orono Dam The City Administrator indicated that the project was moving along as planned with the wall being done around the Nickerson and Dargis property and work started on the powerhouse. The City Administrator indicated that the loan and grant with the State of Minnesota is in the process and the funds should be to the City of Elk River approximately next week. Councilman Duitsman asked if the landscaping would be completed this year. The City Administrator indicated that it waS planned for the sodding to be done this year and the seeding to be done either this year or next spring. B. 101 Bridge Replacement The City Administr~tor indicated that he's spoken with the attorney of Wright County regarding the final engineer's agreement and the joint powers agreement and both were in process and should be available at the next City Council meeting. C. Sanitary Sewer Interceptor The City Administrator indicated that he had met with Patchin Appraisels requesting a fee quote for appraisels of the properties involved in the sanitary sewer project and should have the fee quote for the next City Council meeting. Councilman Duitsman questioned the length of time necessary for the appraisels. The City Administrator indicated that it would be a large project and was unable to predict a completion time. Councilman Duitsman suggested moving ahead on the project and ordering the preparation of the plans and specifications. 14. Check Register COUNCILMAN ENGSTROM MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. November 3, 1980 Page Six 15. Tentative Agenda The plans and specifications for the sewer interceptor, the Willis Conditional Use Permit, and the 101 Bridge are all items tentatively scheduled for the November 17, 1980 City Council meeting. There being no further business, COUNCILMAN OTTO MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully Submitted, Q~/L~~~ Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:po