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05-20-1996 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 20, 1996 Members Present: Mayor Duitsman, Councilmembers Scheel, Holmgren, and Farber Councilmember Dietz arrived at 6:1.5 p.m. Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer;, Steve Ach, City Planner; Kendra Lindahl, Zoning Assistant; Scott Harlicker, Planning Assistant Also Present: Louise Kuester, Planning Commission Representative 1. Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6 p.m. by Mayor Duitsman. 2. Consider Council Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MAY 20, 1996, CITY COUNCIL AGENDA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.3.(1) (2) (3) 5,4, MAY 13, 1996, CITY COUNCIL MINUTES -- APPROVED PURCHASE OF 60" AERA-vater BY FIRST PRODUCTS FROM WAHL'S ENTERPRISES AT A COST OF $5,165.25 FOR THE STREET DEPARTMENT -- APPROVED. AUTHORIZATION TO HIRE CHRISTOPHER LEESEBERG FOR THE STREET/PARK DEPARTMENT AT 57.25 PER HOUR WITH AN INCREASE TO $7.55 PER HOUR ON JULY 1, 1996 -- APPROVED. AUTHORIZATION TO HIRE DAVID RANSTROM FOR THE STREET/PARK DEPARTMENT AT FOUR HOURS PER DAY AT A WAGE OF 56.35 PER HOUR -- APPROVED. CONSIDERATION OF A PARK RANGER POSITION FOR WEEKENDS, HOLIDAYS, AND SUMMER MONTHS -- INFORMATION ONLY. DISCUSSION REGARDING LIFEGUARD AT ORONO BEACH VERSUS PROVIDING A BEACH AREA THAT IS FREE FROM HAZARDS -- INFORMATION ONLY. MECHANICAL AMUSEMENT DEVICE LICENSE FOR CDL, INC. TO OPERATE MECHANICAL AMUSEMENTS AT PINEWOOD GOLF COURSE -- APPROVED. PAY ESTIMATE NO. 2 TO GRIDOR CONSTRUCTION, INC. IN THE AMOUNT OF $391,816 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT -- APPROVED. City Council Meeting Page 2 May 20, 1996 $.9. CALL SPECIAL CITY COUNCIL MEETING FOR ANNUAL MNDOT TOUR ON MAY 30, 1996, AT 10:30 A.M. BEGINNING AT CITY HALL -- APPROVED. 8. CHECK REGISTER -- APPROVED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- 0. 5.1. Street Department Annual Report Street/Park Superintendent Phil Hals presented the 1995 Street/Parks Department Annual Report. Phil Hals indicated that in the near future he would be requesting authorization to hire a park foreman and a full time mechanic. Phil Hals also indicated that it is his recommendation that the Council consider hiring a part time park ranger who would be available on Saturdays, Sundays, and holidays for about six or seven hours per day. Discussion was held regarding whether this would be a responsibility for police reserves or whether someone should be hired for the position. It was the consensus of the Council to have staff to discuss this issue in further detail and to make a recommendation at a later date. 5.5. Bereavement Policy City Clerk Sandra Thackeray discussed two options that would address the city's acknowledgment of a deceased employee or employees immediate family member. The options included a city funded and an employee funded policy. After reviewing both options, it was the consensus of the City Council to adopt a policy that would be city funded. It was further the consensus that the Councilmembers be notified when an employee or employee's family member has deceased. COUNCILMEMBER FARBER MOVED TO ADOPT A POLICY ADDRESSING ACKNOWLEDGMENT OF A DECEASED EMPLOYEE OR EMPLOYEE'S IMMEDIATE FAMILY MEMBERS WHEREBY THE CITY WOULD CONTRIBUTE A MONETARY TOKEN TO THE FAMILY OF THE DECEASED AND FURTHER THAT THE ADOPTED POLICY BE PRESENTED TO THE CITY COUNCIL FOR APPROVAL. COUNClLMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Recreation Update Councilmember Holmgren updated the Council on current recreation activities that are taking place in the Community Recreation department. 5.8. Utilities Commission Update Councilmember Dietz updated the Council on current issues that were discussed at the recent Utilities Commission meeting. 5.10. Special City Council Worksession COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL CITY COUNCIL WORKSESSION ON MAY 28, 1996, AT $ P.M. TO DISCUSS THE PATCHIN APPRAISAL City Council Meeting Page 3 May 20, 1996 FOR THE EAST HIGHWAY 10 PROPERTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. ,5.11. Trunk Hi.qhway 10 Traffic Control Interconnections City Engineer Terry Maurer indicated that MnDOT is planning a traffic control interconnect project on Trunk Highway 10 that will connect the signals at Main Street, Jackson Avenue, and Proctor Avenue. He further indicated that MnDOT is looking for participation in cost by the city for $7,000. COUNCILMEMBER FARBER MOVED TO APPROVE THE CITY'S SHARE OF APPROXIMATELY 57,000 FOR THE TRAFFIC CONTROL INTERCONNECT PROJECT ON TRUNK HIGHWAY 10 WITH THE MONEY TO COME FROM THE CAPITAL PROJECTS RESERVE FUND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. $. 12. Elk Hills Drive - Dod,qe Improvements - Mike Kedrowski Issues Mike Kedrowski discussed several issues with the Council relating to the Elk Hills Drive - Dodge improvement project. Mr. Kedrowski's issues are presented in the letter to the City Administrator from City Engineer Terry Maurer dated May 8, 1996. The issues are as follows: Replacement of Mr. Kedrowski's sidewalk by the front door- Mr. Kedrowski has received a quote in the amount of $450 to complete this project. Because the quality of the bituminous paving on Mr. Kedrowski's driveway was not up to standards, it will be redone this spdng. Mr. Kedrowski requested that an area of his yard approximately five feet wide adjacent to the north side of the driveway be graded one foot lower. He indicated that due to the realignment of his driveway, he is experiencing large snowbanks on the north side of the driveway. Mr. Kedrowski questioned whether the city could set up a payment plan for payment of SAC and WAC charges to lessen the financial burden. Mr. Kedrowski requested the placement of some trees to minimize the impact of lights shining on his home or in his windaws. Mayor Duitsman indicated that he was not in favor of the city providing a payment plan for SAC and WAC charges. He further indicated that he was not in agreement that the city should replace the sidewalk by Mr. Kedrowski's front door. Councilmember Scheel indicated she concurred that the city should not fund the SAC and WAC charges, but that the sidewalk should be paid by the city. Councilmember Holmgren indicated he concurred with Councilmember Scheel on both issues. City Council Meeting May 20, 1996 7.1, 7.2. Page 4 COUNCILMEMBER HOLMGREN MOVED TO APPROVE ALL ISSUES MENTIONED IN THE LEI"I'ER FROM THE CITY ENGINEER DATED MAY 8, 1996, EXCLUDING THE ISSUE PERTAINING TO THE CITY FINANCING THE SAC AND WAC CHARGES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Diefz opposed. Open Mike No one appeared for this item. Diane Bistodeau Request for Conditional Use Permit for Hair Salon, Public Headn.q Case No. CU 96-4 Zoning Assistant Kendra Lindahl indicated that Diane Bistodeau is requesting a conditional use permit to operate a hair salon out of her home, located at 20806 York Street NW. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Scheel indicated her concern about the city's regulation of only allowing a 2 x 2 foot sign to advertise the business in a residential area. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR DIANE BISTODEAU TO OPERATE A HAIR SALON OUT OF HER HOME AT 20806 YORK STREET NW WITH THE FOLLOWING CONDITIONS: HOURS OF OPERATION BE FROM 7 A.M. TO 10 P.M. AS PER CITY CODE. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED. SIGNAGE WILL BE LIMITED TO TWO SQUARE FEET AND MOUNTED FLAT ON THE WALL OF THE DWELLING. A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN THOSE PERSONS WHO CUSTOMARILY RESIDE ON THE PREMISES, SHALL BE EMPLOYED. IF VALID COMPLAINTS ARE RECEIVED, THIS ITEM WILL BE BROUGHT BACK BEFORE THE PLANNING COMMISSION AND CITY COUNCIL FOR REVIEW. THE APPLICANT WILL MEET WITH THE BUILDING INSPECTION DEPARTMENT TO ENSURE THAT ALL APPROPRIATE CODES ARE MET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Kober Excavatinq Request for Conditional Use Permit for Outside Stora.qe, Public Hearin.q, Case No. CU 96-5 Planning Assistant Scoff Harlicker indicated that Kober Excavating, Inc. has requested a conditional use permit for outdoor storage at 16110 Jarvis Street NW. He indicated that the conditional use permit will allow Kober Excavating to City Council Meeting Page 5 May 20, 1996 have outdoor storage of some material and equipment in connection with the operation of the excavating business. He indicated that the applicant has requested to phase in the improvements of the project until the subdivision has been completed. Scott Harlicker stated that the Planning Commission has recommended that the applicant provide a letter of credit to cover the cost of the fence and pavement. It was further recommended that the letter of credit be released upon completion of the improvements. Louise Kuester, Planning Commission Representative, indicated that the Planning Commission recommended approval of the conditional use permit request. Mayor Duitsman opened the public hearing. Al Fonlane of Kober Excavating indicated his concern about blacktopping the drive and the entrance to Kober Excavating because the heavy equipment will ruin the blacktop. He requested that the driveway portion be allowed to be Class 5. Mr. Fontane also indicated his concem regarding the requirement of trees for screening. He indicated that he felt the fence was sufficient screening and further that people may use the trees to hide behind and then sneak into his business. There being no further comments, Mayor Duitsman closed the public hearing. Scott Harlicker indicated that the fence would provide about 80 percent opaqueness and indicated that the trees along the fence will break the fence line and also screen the business from the residential and surrounding property owners. Councilmembers Farber and Scheel indicated their concern regarding the cost for the trees and the necessity of using trees for screening in an industrial area. Councilmember Holmgren indicated that he would like to have seen a videotape of the area prior to making a decision on this issue. Councilmember Diel-z indicated he felt there should be some trees planted to break the site line of the fence for the residents in the area. COUNCIl. MEMBER SCHEEL MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR KOBER EXCAVATING AT 16110 JARVIS STREET TO ALLOW OUTDOOR STORAGE AND TO AUTHORIZE STAFF TO WORK WITH THE APPLICANT TO COME TO AN AGREEMENT ON SCREENING AND FURTHER THAT THE ROAD INTO THE SHOP BE CLASS 5, AND THAT THE FOLLOWING CONDITIONS BE MET: ANY EXPANSION OR UPGRADING OF THE SHOP OR OUTDOOR STORAGE AREA WILL BE CAUSE TO REVISIT THE SITE TO ENSURE THAT THERE IS ADEQUATE PARKING AND ACCESS. o THE APPROVED FENCE, LANDSCAPING AND PAVING SHALL BE COMPLETED WITHIN TWO MONTHS OF SEASONABLE WEATHER AFTER THE SUBDIVISION IS COMPLETED. City Council Meeting Page 6 May 20, 1996 3. SHOULD PARKING PROBLEMS OCCUR, THE APPLICANT SHALL INSTALL THE DEMONSTRATED PARKING AREA AT THE CITY'S REQUEST. PROVIDE A REVISED SITE PLAN SHOWING EITHER GRASS OR PAVING IN THE AREA BETWEEN THE SHOP AND THE RESIDENTIAL GARAGE PRIOR TO OCCUPYING THE SITE. THIS SHALL INCLUDE A MINIMUM OF 10 FEET OF GRASSED AREA BETWEEN ANY PAVEMENT AND THE PROPERTY LINE WHICH IS PROPOSED BETWEEN THE TWO BUILDINGS. THE APPLICANT SHALL POST SECURITY FOR THE FENCE AND PAVEMENT PRIOR TO OUTDOOR STORAGE BEING USED. AT THE TIME OF SUBDIVISION, THE APPLICANT SHALL INCLUDE A MINIMUM 24 FOOT WIDE DRIVEWAY EASEMENT OVER THE EXISTING DRIVEWAY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Holmgren opposed and indicated that he would have liked to have seen a video of the site. 7.3. St. Andrews Church Request for Conditional Use Permit to Construct New Church Facility, Public Hearin.q, Case No. CU 96-6 City Planner Steve Ach indicated that St. Andrews Catholic Church is requesting a conditional use permit to construct a church addition to its existing facility on the northeast corner of Irving Avenue and Fourth Street. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY ST. ANDREWS CHURCH TO CONSTRUCT A NEW CHURCH FACILITY AND PARKING LOT BASED ON THE FOLLOWING CONDITIONS: ALL OF THE SITE PLAN COMMENTS OUTLINED IN THE REPORT TO THE PLANNING COMMISSION DATED APRIL 23, 1996, BE ADDRESSED AND INCORPORATED INTO THE REVISED DEVELOPMENT PLANS. ALL OF THE COMMENTS CONTAINED IN THE CITY ENGINEER'S MEMO DATED APRIL 17, 1996, BE INCORPORATED INTO THE REVISED DEVELOPMENT PLANS. ALL OF THE COMMENTS FROM THE FIRE CHIEF BE INCORPORATED INTO THE REVISED DEVELOPMENT PLANS. ADDITIONAL LANDSCAPING BE PROVIDED BETWEEN THE PARKING AREA IN THE SOUTHEAST CORNER AND THE RESIDENCE TOWARDS THE SOUTHEAST. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. City Council Meeting Page 7 May 20, 1996 7.4. Steve Rohlf Request for Setback Variance, Public Hearinq, Case No. V 96-03 Zoning Assistant Kendra Lindahl indicated that Mr. Rohlf is requesting a $ foot variance on the required 10 foot side yard setback and a 2 foot variance on the required 30 foot front yard setback. She indicated that Mr. Rohlf will be expanding an existing deck located at his residence at 12821 188th Avenue NW, Elk River, Minnesota. Kendra Lindahl indicated that staff and Planning Commission recommend approval and feel that the request meets the five conditions required for a variance. Kendra Lindahl distributed a memo to the Mayor and City Council from herself dated May 20, 1996, which states the findings for granting the variance. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE THE VARIANCE REQUEST BY STEVE ROHLF TO ALLOW A 5 FOOT SIDE YARD SETBACK AND A 28 FOOT FRONT YARD SETBACK FOR THE PURPOSE OF EXPANDING AN EXISTING DECK AT 12821 188TH AVENUE NW, ELK RIVER, MINNESOTA, BASED ON THE FINDINGS LISTED IN THE MEMO TO THE MAYOR AND CITY COUNCIL FROM KENDRA LINDAHL DATED MAY 20, 1996, FOR CASE NO. V 96-03. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. City of Elk River Request for Zone Change from R-la to I-1, Public Hearin.q, Case No. ZC 96-10 COUNCILMEMBER HOLMGREN MOVED TO POSTPONE ACTION ON THIS ITEM TO THE JUNE 17, 1996, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6./7.7. City of Elk River Request for Ordinance Amendments, Public Heafin.q, Case No UA 96-5 and UA 96-6 Planning Assistant Scott Harlicker stated that the city is requesting to amend Sections 900.12, 900.18, and 908.06 of the City of Elk River Code of Ordinances relating to permitted and conditional uses in the agricultural and single family residential zones and dimensional regulations for accessory agricultural structures and agricultural fences. Scott Harlicker reviewed the staff report on this issue. Louise Kuester, Planning Commission Representative, indicated that the Planning Commission recommended approval of the ordinance amendments. Mayor Duitsman opened the public hearing for Items 7.6. and 7.7. There being no one for or against the matters, Mayor Duitsman closed the public hearing. Councilmember Scheel indicated her concern about the necessity of setbacks. She indicated that she would be opposed to the ordinance amendments. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-15, AN ORDINANCE AMENDING SECTIONS 90012, 900.18, AND 908.06 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATED TO PERMITTED AND CONDITIONAL City Council Meeting Page 8 May 20, 1996 AGRICULTURAL USES IN AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS AND TO APPROVE A FIVE FOOT SETBACK FOR ALL PROPERTY LINES AND FURTHER TO REDUCE THE TEN ACRE TO FIVE ACRE MINIMUM LOT SIZE FOR AN AGRICULTURAL USE IN THE R-lB, R-lB, R-lC, R-1D, AND R-1E ZONES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. 7.8. City of Elk River Request for Ordinance Amendment (Permitted and Conditional Uses in I-1 and I-2) Public Hearinq, Case No. OA 96-4 COUNCILMEMBER DIETZ MOVED TO POSTPONE ACTION ON THIS ITEM TO THE JUNE 17, 1996, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. City of Elk River Request for Ordinance Amendment (Development Within Commercial Areas Prior to City Water and Sewer), Public Hearin.q, Case No. OA 96-2 COUNCILMEMBER FARBER MOVED TO POSTPONE ACTION ON THIS ITEM INDEFINITELY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business There was no other business presented. 10. Staff Updates There were no staff updates. 11. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 7:45 p.m. Respe/q4fully s_ub mitted, City Clerk