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09-16-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, SEPTEMBER 16, 1991 Members Present: Mayor Tralle, Councilmembers Schuldt, Kropuenske, Dietz and Holmgren(7:25 p.m.) Members Absent: None Staff Present: Steve Rohlf, Building and Zoning Administratorj Pat Klaers, City Administrator; Janelle Szklarski, Zoning Assistant; Sandy Thackeray, City Clerk Also Present: Robert Bischoff, Planning Commission Representative 1. Call Meetin~ To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Mayor Tralle at 7:10 p.m. 2. Consider 9/16/91 City Council A~enda The following items .were added to the agenda. Item 5.11, Discussion; Item 6.7, Budget Hearing; Item 6.8, Farm Lease. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/16/91 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. -THE MOTION CARRIED 4-0. 3.1. Consider 8/26/91 City Council Minutes Mayor Tralle indicated that he would like the motion on Page 3, regarding Charlotte Berg's assessment to reflect the reason for the reduction in the assessment. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/26/91 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.2. Consider 9/5/91 Re~ular City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/5/91.REGULAR CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.3. Consider 9/5/91 Closed Session City Council Minutes Refi{ardinfi{ Valuation COUNCILMEMBER KROPUENSKE MOVED . TO APPROVE THE 9/5/91 CLOSED SESSION CITY COUNCIL MINUTES REGARDING COMMERCIAL VALUATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes September 16, 1991 Page 2 e 3.4. Consider 9/5/91 Closed Session City Council Minutes Regarding Police Union Contract Discussion COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/5/91 CLOSED SESSION CITY COUNCIL MINUTES REGARDING POLICE UNION CONTRACT DISCUSSION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared for this item. 4.1. Consider ReQuest for Funds for River of Hope A representative from this organization was not present at the Council meeting. Therefore, this item was not heard. 5.1. Zone Chan~e John Weicht/Public Hearin~ Peti tioner not present at this time. present. Item delayed until petitioner 5.2. Zone Chan~e City of Elk River R-3 to I-2/Public Hearing e Steve Rohlf, Building and Zoning Administrator, indicated that a zone change request has been made by the City of Elk River for property located along Proctor Avenue. He indicated that owners of the property are Boyd's Cabinet Shop and Contour Mold, Inc. The request is for a zone change from R-3/Multi-family Residential to I-2/Medium Industrial. Steve Rohlf indicated that as best that he can tell, both parcels were considered to be medium industrial in the past as they were both issued building permits as industrial property. He further indicated that the properties in question are devoted to industrial uses and are also bordered by industrial zoning on the west and north and highway commercial zoning on the east. Steve Rohlf indicated that apparently an error had been made showing that the parcels are zoned R-3. Planning Commission representative, Robert Bischoff, indicated that the Planning Commission recommended approval of the zone change request. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-19, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY ALONG PROCTOR AVENUE FROM R-3/MULTI-FAMILY RESIDENTIAL TO I-2/MEDIUM INDUSTRIAL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. e COUNCILMEMBER KROPUENSKE MOVED TO AMEND THE LAND USE MAP TO MEDIUM INDUSTRIAL TO INCLUDE LAND NORTH OF THE PARCELS IN QUESTION TO THE SOUTH SIDE OF THE RAILROAD TRACKS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. e e e Elk River City Council Minutes September 16, 1991 Page 3 5.3. Conditional Use Permit Gary Clough/Tractor Sales in C-3 Zonin~ District/Public Hearin~ Steve Rohlf indicated that Gary Clough is requesting a conditional use permi t to allow tractor, farm equipment and limited car sales at 9945 Highway 10. He- indicated that Mr. Clough is proposing to not hardsurface the display area but to display the vehicles on grass. He further indicated that the applicant has stated that he may accept a boat or car on trade for farm equipment. Councilmember Holmgren arrived at this time (7:25 p.m.) Robert Bischoff, Planning Commission Representative, indicated that the Planning Commission recommended approval with certain stipulations. He further indicated that the issue regarding car sales versus farm equipment sales was discussed. Steve Rohlf indicated that the Planning Commission felt that farm equipment should be displayed on grass and further that the car sales would be very incidental and suggested that no more than two vehicles be allowed in order to be consistent with other car and boat dealerships. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Schuldt indicated that he would not consider adding another used car lot on Highway 10 as there are too many car lots at the present time. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR GARY CLOUGH TO ALLOW TRACTOR, FARM EQUIPMENT AND LIMITED CAR SALES AT 9945 HIGHWAY 10 WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PARKING AND DRIVE FOR THIS BUSINESS BE HARDSURFACED AND STRIPED BY SEPTEMBER 30, 1992. 2. THAT TRACTORS AND FARM EQUIPMENT BE ALLOWED ON A GRASS DISPLAY AREA NOTED ON THE ATTACHED SITE PLAN. HOWEVER, IF MORE THAN TWO OTHER VEHICLES FOR SALE (CARS, TRUCKS, BOATS, MOTORCYCLES) ARE PROPOSED ON THE LOT AT ANY ONE TIME, AN AMENDMENT TO THIS CONDITIONAL USE PERMIT IS REQUIRED. 3. THAT THE LIGHTING FOR THE PARKING AREA MEET THE CITY CODE OF 3 FOOT CANDLES WITHOUT INTERFERING WITH ADJACENT PROPERTY OR ROAD RIGHT-OF-WAY. 4. THAT THE TRASH RECEPTACLE ON SITE BE SCREENED WITH MATERIALS COMPATIBLE WITH THE FRONT SIDE OF THE BUILDING. 5. THAT THE ENTIRE SITE THAT IS NOT DEVOTED FOR BUILDING, PARKING OR DRIVE BE LANDSCAPED IN AT LEAST GRASS AND AT LEAST THE MINIMUM NUMBER OF TREES REQUIRED BY CITY CODE BE PLANTED ON THIS SITE. 6. THAT NO OUTSIDE STORAGE WHATSOEVER BE ALLOWED ON THIS SITE. Elk River City Council Minutes September 16, 1991 Page 4 e 7. THAT NO REPAIR OF VEHICLES IS ALLOWED EXCEPT FOR MINOR WORK ON VEHICLES OWNED BY THE BUSINESS. 8. THAT ANY DEVIATION FROM THE LAYOUT OF THE SITE OR THE IMPROVEMENTS PROPOSED BY THE PETITIONER WILL REQUIRE AN AMENDMENT TO THIS PERMIT (I.E. MORE THAN 5,000 SQUARE FEET OF DISPLAY FOR TRACTORS). 9. THAT THE CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS. Councilmember Kropuenske indicated that he felt farm equipment could be displayed on Class 5 surface and felt that if it were displayed on grass, the weeds would grow around the equipment causing an unsightly area. Mayor Tralle indicated that the addition of a condition requiring the conditional use permit to be reviewed in two years would prevent this from happening. Councilmember Dietz agreed to add this to his motion. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Schuldt opposed. THE MOTION CARRIED 4-1. 5.1. Zone Change John Weicht/R-2b to C-3/Public Hearing e Steve Rohlf indicated that John Weicht has requested to zone change property owned by six property owners from R-2b-Townhouse and multi-family residential to C-3-Highway Commercial. Steve Rohlf indicated that rezoning the property to commercial would be a departure from the Growth Management Plan, but a logical one. Planning Commission representative Robert Bischoff indicated that the Planning Commission approved the zone change. He further indicated that Mary Eberley had stated that she would like to see the property developed as a PUD. Mayor Tralle opened the public hearing. John Kuester, 19203 Jackson Road, indicated that he had no objections to rezoning the property to commercial, however, he indicated that he shared Mary Eber ley's feelings that he would like to see the property developed as a whole. He stated that the property has natural features and that care should be taken to preserve the quality of the area. He also stated he would feel more comfortable with an overall plan for the development of the property to eliminate the danger of the property being developed in a piece meal fashion. John Weicht indicated that it is the intention of the developer to develop the property as a whole parcel as much as possible. There being no further comments from the public, Mayor Tralle closed the public hearing. e Councilmember Kropuenske indicated that a PUD allows for more discretion and control of the development. He indicated he has reservations in rezoning the property to C-3 as all uses allowed in a C-3 zone would be allowed to be developed in the area. Elk River City Council Minutes September 16. 1991 Page 5 e Mayor Tralle concurred with Councilmember Kropuenske. He stated that if the entire property were zoned commercial. there would be a possibility of seeing such uses as truck terminals. light manufacturing. car washes. RV or Marine sales. etc.. in the area. He stated there are some uses in the C-3 zoning that are not appropriate for this area and would like to see the area developed as a PUD. Mayor Tralle questioned who would be responsible for the cost of sewer and water. He indicated that if sewer and water were brought to the site. the impact on taxpayers and property owners not involved in the zone change could be enormous. He further indicated that due to the zone change and the impact it would cause on Jackson Road and Highway 169. it would be necessary to consider a semaphore for that area. He further indicated that the developer would be involved in sharing in the cost of the semaphore. Mayor Tralle indicated that the main question to be considered is how the property and the entire area around the property develops and who would be responsible to pay for the development of the property in a commercial zone. He indicated he would like to see a study done of the complete area north of School Street. Councilmember Schuldt indicated that he concurred that the whole area should be looked at and he further stated that all affected property owners should be informed. e Steve Rohlf indicated he would like to initiate meetings with property owners in order to look at the feasibility of sewer and water for the area. John Weicht indicated that he is not in favor of a PUD. COUNCILMEMBER SCHULDT MOVED THAT THE PETITION TO REZONE THE PROPERTY TO C-3 BE DENIED. ,COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Schuldt withdrew the motion. concurred. Councilmember Holmgren COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE REQUEST FOR A ZONE CHANGE FOR THE AFFECTED PROPERTY TO C-3 UNTIL SEPTEMBER 23. 1991. AT 7:00 P.M.. TO BE HELD AT THE ELK RIVER CITY HALL. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the City Council to consider a feasibility study for all remaining undeveloped property in the area and further to look at the infrastructure of roads. 5.4. Conditional Use Permit Paul Ouellette/Home Occunations/Public Hearin<< e Janelle Szklarski. Zoning Assistant. indicated that Paul Ouellette of 19741 Ulysses Street NW. is requesting renewal of a conditional use permi t to operate a telephone answering service as a home occupation. Janelle Szklarski further indicated that Gemini Communications. owned by Paul Ouellette. had received approval of a conditional use permit on September 17. 1990. with the stipulation that the business be allowed to operate in Mr. Ouellette's home for one year. She indicated that Elk River City Council Minutes September 16, 1991 Page 6 e Mr. Ouellette has not been able to relocate his business due to a financial setback and is requesting an extension. Robert Bischoff, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request with a 4-1 vote. He indicated that Commissioner Spotts voted against the request as he did not feel the business should be operated from a garage and also because he had a concern regarding the number of employees. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. . COUNCILMEMBER HOLMGREN MOVED TO APPROVE A ONE YEAR EXTENSION TO THE CONDITIONAL USE PERMIT REQUESTED BY PAUL OUELLETTE, GEMINI COMMUNICATIONS, TO OPERATE A HOME TELEPHONE ANSWERING SERVICE WITH THE FOLLOWING STIPULATIONS: 1. THE GARAGE SHALL MAINTAIN ONE PARKING STALL FOR THE SOLE USE OF A VEHICLE. e 2. THAT ALL MATERIALS AND EQUIPMENT ASSOCIATED WITH THE BUSINESS BE KEPT IN THE CONFINES OF THE HOUSE AND/OR GARAGE. 3. THAT THE APPLICANT IS PERMITTED ONE SIGN, NOT TO EXCEED TWO SQUARE FEET IN AREA, MOUNTED FLAT ON THE OUTSIDE OF THE WALL. 4. THAT THIS CONDITIONAL USE PERMIT BE LIMITED TO ONE YEAR FOLLOWING APPROVAL. 5. THAT THE HOURS OF OPERATION BE ALLOWED TO CONTINUE AT 24 HOURS A DAY. 6. THAT ANY STRUCTURAL ALTERATIONS TO THE HOUSE OR GARAGE TO ACCOMMODATE THIS BUSINESS SHALL REQUIRE A BUILDING PERMIT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Conditional Use Permit ReQuest by Kennedy Gardens/Public Hearin~ Janelle Szklarski indicated that Leeroy and Kathryn Kennedy of 10205 201st Avenue NW, are requesting a conditional use permit to operate a greenhouse business from their home. Janelle Szklarski indicated that the only problem with the operation was the location of the off premise signs advertising the business. She indicated that the signs were in violation of the City's sign ordinance. Robert Bischoff indicated that the Planning Commission recommended approval with the recommendation that the off premise signs be removed. Mayor Tralle opened the public hearing. e Leeroy Kennedy, 10205 201st Avenue NW, indicated that there are four 201st Avenues in Elk River that are not connected and felt that without the signs, people would not be able to locate his business. He Elk River City Council Minutes September 16, 1991 Page 7 e indicated that the signs are necessary for about two months of the season. Mayor Tralle indicated that off premise signs advertising a home occupation are not covered in the City sign ordinance. He suggested that this be tabled and referred to the City Attorney for suggestions on how to deal with this item. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE CONDITIONAL USE PERMIT REQUEST BY LEEROY AND KATHRYN KENNEDY UNTIL THE OCTOBER 21, 1991 CITY COUNCIL MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY AT 7: 00 P.M. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.6. Condi tional Use Permi t Request by Robert Chasteen of Ci ty Cab/Publ ic Hearinf! Janelle Szklarski indicated that Robert Chasteen of 19038 Meadowvale Road is requesting a conditional use permit to operate a cab business as a home occupation in an R-1c zoning district. Robert Bischoff indicated that the Planning Commission recommended approval of the condi tional use permi t as they felt it met the seven standards of a conditional use permit and was consistent with the intent of the home occupation ordinance. e Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY ROBERT CHASTEEN OF 19038 MEADOWVALE ROAD FOR A HOME OCCUPATION WITH THE FOLLOWING STIPULATIONS: 1. THAT THE BUSINESS BE LIMITED TO TWO OPERATORS AND ONE VEHICLE. 2. THAT ALL INOPERABLE VEHICLES BE REMOVED FROM THE SITE, AND THAT ANY REMAINING VEHICLES ARE PARKED IN AN ORDERLY MANNER IN THE DRIVEWAY, NOT ON LANDSCAPED AREAS. 3. THAT THIS CONDITIONAL USE PERMIT BE REVIEWED ON A THREE YEAR BASIS AS IS CONSISTENT WITH THE HOME OCCUPATION ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Conditional Use Permit Amendment by Metropolitan GravelIne (Expansion of Business)/Public Hearin~ e Steve Rohlf indicated that Metropolitan Gravel is requesting an amendment to their conditional use permit to allow truck repair as part of the conditional use permit. He stated that Metropoli tan Gravel received Council approval for a conditional use permit to operate a truck terminal in 1989. He indicated that Metropolitan Gravel is requesting to amend this permit by allowing the company to do truck repairs and also to sell truck boxes and semi-trailers. Steve Rohlf explained that the selling of the truck boxes and semi-trailers would not require that these items be displayed on the site. He stated that they are actually sold off-site. Elk River City Council Minutes September 16, 1991 e 2. 3. e 4. 5. 6. 7. Page 8 Robert Bischoff stated that the Planning Commission recommended approval of the request for a conditional use permit amendment. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Councilmember Schuldt questioned whether sales were permitted in the original conditional use permit. Steve Rohlf indicated that sales were not permitted, however, the operation would be closer to manufacturing than sales. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CONDITIONAL USE PERMIT AMENDMENT REQUESTED BY METROPOLITAN GRAVEL TO INCLUDE TRUCK REPAIR WITH THE FOLLOWING STIPULATIONS: 1. THAT SEMI-TRAILERS AND TRUCK BOXES ARE NOT DISPLAYED AT THIS SITE FOR SALE, BUT THAT IT IS PERMISSIBLE FOR METROPOLITAN GRAVEL TO BRING SEMI-TRAILERS AND TRUCK BOXES THAT ARE ALREADY SOLD TO THEIR SITE TO BE REVAMPED WITH SPECIALIZED EQUIPMENT. THAT THE NUMBER OF SEMI-TRAILERS AND TRUCK BOXES THAT ARE AT THIS SITE AT ONE TIME FOR REVAMPING IS LIMITED TO FIVE. THAT METROPOLITAN GRAVEL BE ALLOWED TO CONTINUE TO REPAIR THEIR OWN TRUCKS AS WELL AS TRUCKS FOR OTHER COMPANIES. THAT THE OPAQUE MATERIAL NOT BE REQUIRED IN THE CHAIN LINK FENCE. THAT THE CURB STOP SEPARATING THE LANDSCAPED AREA FROM THE PARKING AREA NOT BE REQUIRED. THAT THE PARKING LOT AS SHOWN ON THE SITE PLAN BE REPLACED WITH THE EXISTING ONE ADJACENT TO THE BUILDING. THAT METROPOLITAN GRAVEL BE REQUIRED TO PLANT ONE TREE FOR EACH 40 LINEAR FEET OF THEIR LOT PERIMETER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Conditional Use Permit Reauest by Jeffrey Sohns (Accessory Buildin~)/Public Hearin~ e Janelle Szklarski indicated that Jeffrey Sohns of 20849 Concord Street is requesting a conditional use permit to construct a 40' x 60' metal skinned nonagricultural accessory building on his property to be used for the storage of vintage cars. Robert Bischoff indicated that the Planning Commission recommended approval of this request. Mayor Tralle opened the public hearing. Thomas Havron indicated that he owns 49 acres northwest of the affected property. He stated his concern regarding the precedent being set by Elk River City Council Minutes September 16, 1991 Page 9 e the City Council by allowing metal skinned buildings to be constructed in Elk River. He stated that this is the second metal skinned building being allowed in the area over a one year period. He further indicated his concern regarding metal skinned buildings being located in residential areas. Steve Rohlf explained that the City Council does have control over the metal skinned buildings being erected in Elk River through the conditional use permit process. There being no further comments from the public, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY JEFFREY SOHNS OF 20849 CONCORD STREET TO CONSTRUCT A 2,400 SQUARE FOOT METAL SKINNED NONAGRICULTURAL ACCESSORY BUILDING ON HIS PROPERTY WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PROPOSED BUILDING MEETS ALL APPLICABLE BUILDING AND ZONING CODES. ENGINEERED DRAWINGS MUST BE SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION. IN ADDITION, THE BUILDING MUST MEET THE REQUIRED 300 FEET SETBACK FROM ANY NEIGHBORING DWELLINGS. e 2. THAT USE OF THIS BUILDING SHALL BE STRICTLY FOR THE STORAGE OF VINTAGE CARS AND THAT ONLY REPAIR OF PERSONAL VEHICLES SHALL BE ALLOWED TO TAKE PLACE IN THE BUILDING. IN ADDITION, THE CARS THAT ARE TO BE STORED IN THE BUILDING MUST BELONG TO THE PROPERTY OWNER. 3. THAT THE EXTERIOR OF THE BUILDING IS TO MATCH THE COLOR OF THE HOUSE. 4. THAT THE ROOF MUST BE A COLOR THAT BLENDS WITH THE REST OF THE BUILDING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Summary Publication of Ordinance 91-17 COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-53, A RESOLUTION APPROVING NOTICE OF PUBLICATION OF ORDINANCE 91-17 IN SUMMARY FORM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 5.10. Ea~les Club Conceot Review Steve Rohlf indicated that the Eagles Club, located at 824 Railroad Drive, has requested the Council and Planning Commission to consider a concept review for an addition to their existing Eagles Club building. He further indicated advisory comments only could be given and these comments were not binding on the Council if the Eagles followed through with a zoning process that required a public hearing. Steve Rohlf explained that in order for the Eagles to expand on their existing site, they would have to go through the zone change process and further, that there is a concern regarding the number of parking spaces available on the existing site. Steve Rohlf further indicated that the Planning Commission reviewed the request and recommended that the Eagles do some research and have definite answers regarding parking, Elk River City Council Minutes September 16, 1991 Page 10 e the possibility of a PUD and alternatives sites to relocate, prior to bringing the item to the Planning Commission. The Council discussed the fact that it may be more appropriate for the Eagles to relocate due to the restrictions on the present site. The Council recessed at 9:10 p.m. and reconvened at 9:25 p.m. 5.11. Discussion Items Steve Rohlf indicated that J.L. Shiely Company has invited City Officials to attend a boat tour. Steve RohI f indicated that Marl 1 yn and Arne Engstrom have contacted Ci ty Hall regarding some type of debris that is deposited in their swimming pool. He indicated that the City did some preliminary testing through the City's Environmental Consultant, but that further testing is necessary in order to determine the source of the debris. The Council discussed whether it is the City's responsibility or the homeowners to determine the source of the debris. It was the consensus of the City Council that if it is not a water problem, but rather windblown debris or the pool owners chemicals, it was not appropriate for the taxpayers to pay for this testing. e 6.1. American Legion Liquor License The City Clerk indicated that the American Legion has applied for a Ii quor license. She indicated that the Legion currently holds a club liquor license and that with the approval of the on-sale liquor license, the club liquor license will no longer be in effect. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE AN ON-SALE LIQUOR LICENSE FOR THE AMERICAN LEGION POST #1112. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Schuldt abstained as he is an officer of the American Legion. The City Clerk indicated that the Eagles Club will not be applying for an on-sale liquor license and have indicated they will continue to operate under a club license. 6.2. Final Pay Estimate for Evans Avenue Project COUNCILMEMBER HOLMGREN MOVED TO APPROVE FINAL PAY ESTIMATE TO BITUMINOUS CONSULTING AND CONTRACTING IN THE AMOUNT OF $4,000 FOR THE 1990 EVANS AVENUE IMPROVEMENT PROJECT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Consi der AJmlication for Exemption from Lawful Gambling Li cense for UPA -- COUNCILMEMBER DIETZ MOVED TO APPROVE AN EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR UPA TO HOLD A RAFFLE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes September 16, 1991 Page 11 e 6.4. Informational Meeting for Westwood Feasibilitv Studv The City Administrator indicated that it may be appropriate to hold an informational meeting with the Westwood property owners regarding the improvement project feasibility study which was accepted by the City Council in April, 1991. COUNCILMEMBER KROPUENSKE MOVED TO HOLD THE WESTWOOD INFORMATIONAL MEETING ON SEPTEMBER 30 J AT THE COMMUNITY EDUCATION BUILDING AT 7: 00 P.M AND TO HOLD THE BUDGET WORKSESSION AT 6:00 P.M. AT CITY HALL ON OCTOBER 7, 1991. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Pav Estimate #2 for Proctor Avenue Improvement Project Mayor Tralle indicated that the Pay Estimate is in the amount of $213,017.94 with the City holding a retainage of $29,038.55. The Council discussed the progress of the Proctor Avenue project. The Council expressed some concern regarding certain areas of the project sllch as a large hole located by TLC and another area located at the corner of Highway 10 and Proctor Avenue. The Council also discussed the number of complaints they have received regarding the project. Due to the number of issues and concerns expressed by the Council, it was the consenslls of the Council to retain more than $29,000. e COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE PARTIAL PAY ESTIMATE #2 TO R.L. LARSON EXCAVATING IN THE AMOUNT OF $200,000. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Mississippi River Rip-Rap Grant Application COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE GRANT APPLICATION FOR THE RIP-RAP WORK ALONG THE MISSISSIPPI RIVER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Budget Hearing The City Administrator indicated that the County has requested the City to change the budget continuation hearing to Friday, December 20, from December 18. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON FRIDAY, DECEMBER 20, 1991, 7:00 P.M IF THE BUDGET HEARING ON DECEMBER 16, 1991 NEEDS TO BE CONTINUED. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Farm Lease Agreement - COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A FARM LEASE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND FABIAN SADOWSKI FOR THE LEASE OF PROPERTY OWNED BY THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e Elk River City Council Minutes September 16, 1991 Page 12 7. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. Councilmember Schuldt opposed. THE CHECK REGISTER. THE MOTION CARRIED 4-1. 8. Other Business Mayor Tralle indicated that the Planning Commission has planned a workshop to discuss the adult related business ordinance. Mayor Tralle inrlicated that he did not want the Ci ty to spend a lot of money creat ing this ordinance from scratch. He stated that he feels staff can make contact with other cities that have gone through this issue and get sample ordinances to follow. Councilmember Kropuenske indicated that he has contacted a facilitator for the October 15 joint Planning Com.missionjCi ty Council meeting. 9. City Administrator Update The City Administrator indicated that it may be appropriate for the Ci ty Council to call a closed meeting of the Council in order to discuss the Police Union negotiations. COUNCILMEMBER HOLMGREN MOVED TO RECESS THE CITY COUNCIL MEETING AND TO CALL A CLOSED MEETING OF THE ELK RIVER CITY COUNCIL FOR THE PURPOSE OF DISCUSSING POLICE UNION CONTRACT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the City Council recessed at 10:01 p.m. The City Council reconvened at 10:27 p.m. 10. Adjournment COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER The meeting of the Elk River City Council adjourned at 10:30 p.m. Respectfully submitted, yj~(I./l4.--- ~~JI (,tLJ Sandra Thackeray City Clerk