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11-18-1991 CC MIN . . . ~EETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, NOVEMBER 18, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Sandra Thackeray, City Clerk; Thomas Zerwas, Police Chief; Stephen Rohlf, Building and Zoning Administrator; Janelle Szklarski, Zoning Assistant; Bill Rubin, Economic Development Coordinator'; and Gary Schmitz, Recycling Coordinator ALSO PRESENT: Don Spotts, Planning Commission Representative 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 11/18/91 City Council Agenda Item 6.11 - Other Building and Zoning was added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 11/18/91 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 11/4/91 City Council Minutes Mayor TraIle requested that the last sentence in the second paragraph on Page 3 read as follows, "An amount of $25,000 was suggested, however, after further discussion, it was the consensus to request :li55,000." COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 11/4/91 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 11/6/91 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 11/6/91 CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. . . . City Council Minutes November 18, 1991 Page 2 5.1. Tescom IRB/Public Hearin~ Bill Rubin, Economic Development Coordinator, indicated Minnesota Department of Finance has granted an allocation authority to the City of Elk River for the Tescom expansion. He indicated that the $1 million requested by be used by the Company to construct and equip a 20,000 addition to its existing facility. that the of bonding Corporation Tescom wi 11 square foot Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. Mayor Tralle indicated that final action on this item will be taken as soon as possible when negotiations between Tescom and its lender have been completed. 5.2. Confidence Learning Center Premise Permit Renewal Sandra Thackeray, City Clerk, indicated that Camp Confidence is requesting a two year premise permit renewal for gambling operations at Broadway Bar and Pizza. She further indicated that Camp Confidence had requested a premise permit renewal at the October 21 Council meeting. She indicated that because the 75% expenditure requirement had not been met at that time, the Council requested that this matter be brought back to the Council at a later date. Sandy Thackeray indicated that since that time, she has met with Mr. Hennig's Attorney, Larry Rapoport, and has been informed that is the intention of Camp Confidence to meet the City's ordinance requirements. Mr. Larry Rapoport informed the City Council that it was the intention of Camp Confidence to meet the City's requirement of spending 75% of the net proceeds in the City's trade area. He further indicated that Camp Confidence was prepared to write a check in the amount of $12,000 to United Way who would in turn, turn the money over to Camp Confidence. The Council discussed this contribution and felt that having United Way turn the entire amount over to Camp Confidence was not within the intent of the ordinance. Mr. Dick Endres, Camp Confidence Director, explained the fact that Camp Confidence is a different and unique organization. He indicated that the organization helps mentally handicapped individuals throughout the State. Mayor Tralle indicated that the Council had no problem with the program offered through Camp Confidence. He further indicated that the spirit and intent of the City's ordinance is that the proceeds from the gambling be spent locally. He indicated that this is the Council's main concern. Discussion was held by the Councilmembers regarding the $6,000 expense claimed by Camp Confidence to put on a Critter's Day two hour skit for Guardian Angels. It i~as the consensus of Ihe Council thaI this large City Council Minutes November 18, 1991 Page ;) . dollar amount for this type of activity would not be accepted in the future. Mayor TraIle indicated that because Camp Confidence is showing an attempt to meet the City's ordinance requirements, he felt that the Council should approve the premise permit with the stipulation that the $12,000 be spent wi thin the City's trade area. He further indicated that the Camp Confidence should be aware that expenditures such as the $6,000 Critter Day expenditure to Guardian Angels would not be allowed in the future. Councilmember Holmgren suggested that instead of a $12,000 check to United Way, twelve $1,000 checks be donated to different charities and organizations within the community. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-65, A RESOLUTION APPROVING A TWO YEAR PREMISE PERMIT APPLICATION FOR MINNESOTA THERAPEUTIC CAMP AT BROADWAY BAR AND PIZZA CONTINGENT UPON $12,000 BEING DONATED TO THE CITY'S TRADE AREA BY DONATING TWELVE $1,000 CHECKS TO DIFFERENT NONPROFIT OR CHARITABLE ORGANIZATIONS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mayor Tralle requested 'that an amendment be made to the City's gambling ordinance requiring the reporting requirement to be met on a quarterly basis instead of on a yearly basis. 5.3. Consider Premise Permit Application for American Legion . Sandy Thackeray indicated that the American Legion is reapplying for a Class A Premise Permit to operate charitable gambling at the American Legion Post. She indicated that within the last nine months the American Legion has spent 96% of total expenditures within the City's trade area. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-66, A RESOLUTION APPROVING A CLASS A PREMISE PERMIT FOR THE AMERICAN LEGION POST. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Schuldt abstained because he is a member of the American Legion Board. 5.4. Review Police Positions . Tom Zerwas, Police Chief, requested permission to reassign Kathy Anderson, the Police Department' s Secretary/Receptionist,. to TAC Officer to replace Linnea McRae upon her retirement. He indicated that at the current time, Linnea McRae is performing duties of TAC Officer and Administrative Secretary. He informed the Council that it is his intention to separate these duties and at some time in the future, request to hire an Administrative Secretary. Councilmember Schuldt questioned who would be handling the Chief's administrative secretarial work prior to an Administrative Secretary being hired. He indicated that the City Clerk would be handling the confidential Secretarial work load. The Council reviewed the 11/15/91 memo from the Chief on this issue. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST FOR RESTRUCTURING THE TAC AND ADMINISTRATIVE SECRETARY POSITIONS PER 11/15/91 MEMO FROM . . . City Council Minutes November 18, 1991 Page 4 THE CHIEF OF POLICE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHULDT MOVED TO REASSIGN KATHY ANDERSON FROM SECRETARY RECEPTIONIST TO TAC OFFICER UPON LINNEA MCRAE'S RETIREMENT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Police Chief requested authorization to promote an existing Police Officer to the rank of Sergeant. He indicated the person would work the 11:00 p.m. to 7:00 a.m. shift and the reason for promotion is to have a management person working during this time period. The Council reviewed the 11/15/91 City Administrator memo on this issue and agreed with the Supervisory and Recommendation responsibilities of the Sergeant's position. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE CREATION OF A THIRD SERGEANT POSITION AND THAT THE CORPORAL POSITION WILL REMAIN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Administrative Subdivision Request bv Alvin Froehlich/Public HearinE Janelle Szklarski indicated that Mr. Alvin Froehlich is requesting to subdi v ide an approximately 25 acre parcel of property into a ten acre parcel and 15 acre parce1. She indicated that the property is located on Jarvis Street. Janelle Szklarski indicated that this request met all building and zoning issues required by the City. She indicated that the parcel to the west of Parcel A would be undevelopable in the future due to insufficient frontage and lot area. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor TraIle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY ALVIN FROEHLICH TO SUBDIVIDE AN APPROXIMATE 25 ACRE PARCEL OF LAND INTO A TEN ACRE PARCEL AND A 15 ACRE PARCEL WITH THE FOLLOWING STIPULATIONS: 1. THAT A $350 PARK DEDICATION FEE BE PAID FOR THE NEWLY CREATED LOT PRIOR TO RECORDING. 2. THAT TWO NEW LEGAL DESCRIPTIONS ARE PROVIDED BY THE DEVELOPER FOR THE NEWLY CREATED PARCEL AND RESIDUAL PARCEL. J. THAT THERE BE NO FURTHER SUBDIVISIONS OF THE RESIDUAL PARCEL LYING WEST OF PARCEL A, HOWEVER, THIS PARCEL MAY BE JOINED TO EXISTING PARCELS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Conditional Use Permit Request bv John Weicht and Associates Janelle Szklarski indicated that John Weicht and Associates is requesting a condi tional use permi t to operate a home occupation. She indicated that because ofche fact that the Weicht's have four part City Council Minutes November 18, 1991 Page 5 . time nonresident employees they do not qualify for a permitted home occupation. Don Spotts, Planning Commission Representative, indicated that the Planning Commission requested approval of the conditional use permit for the home occupation. Mayor Tralle opened the public hearing. There being no one for against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR JOHN WEICHT AND ASSOCIATES TO OPERATE A HOME OCCUPATION WITH THE STIPULATION THAT THE BUSINESS NOT EXCEED THREE FULL TIME EQUIVALENT NONRESIDENTIAL EMPLOYEES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Ordinance Amendment/Citv of Elk River/Shoreland Management Section 904/Public Hearing Janelle Szklarski indicated that the City of Elk River has been mandated to adopt the new shoreland regulations as developed by the Minnesota Department of Natural Resources (DNR) by February of 1992. She indicated that she and Gary Schmitz have developed a Shoreland Management Ordinance for the City of Elk River. . Dale Homuth of the DNR was present and explained the reason new standards were adopted by the State and the need for the Shoreland Ordinance. Mayor Tralle opened the public hearing. Don Spotts, Planning Commission Representative, indicated that the Planning Commission heard several comments from the Lake Orono Homeowner's Association. He indicated that the Planning Commission recommended approval of the Shoreland Management Ordinance. Jack Klein, President of the Lake Orono Improvement Association stated that that he felt the ordinance lacked power in the area of the septic system issues. He stated that the ordinance the Council is considering authorizes the City to look at sewage systems only when building permits are issued on the property. He stated that this allows existing systems to operate at les5 than normal standards. He recommended that the City survey and investigate all sewer systems near lakeshore property. He stated that this same situation should apply to surrounding jurisdictions. Janelle Szklarski indicated that staff is requesting adoption of a resolution which requests that septic systems be inspected during building permit issuance and that failing systems be illspected and also that as time and funds permit, the remaini ng systems-would be inspected. . Sandy Weicht of the Lake Orono Association questioned how the dredging would fit in with the proposed ordinance. She also questioned the defini tion of the word "bluff" in the ordinance. She indicated that she did not believe Lake Orono had a bluff. Dale Holmuth of the DNR suggested that the City keep the language as is and if there was a problem with the ordinance relating to the bluffs, this could be dealt with at a later date through an ordinance amendment. . . . City Council Minutes November 18, 1991 Pag"e G There being no further comments, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 91-23, AN ORDINANCE AMENDING SECTION 904 OF THE ELK RIVER CITY CODE SHORELAND MANAGEMENT ORDINANCE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED ADOPT RESOLUTION 91-67, A RESOLUTION DECLARING THE CITY'S INTENT TO REQUIRE NONCONFORMING SEPTIC SYSTEMS TO BE UPGRADED IN THE SHORE LAND DISTRICT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. Janelle Szklarski indicated that she is requesting adoption of a resolution which would pertain to a policy regarding nonconforming lots to the Shoreland Ordinance. COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-68, A RESOLUTION ADOPTING A POLICY TO ALLOW DEVELOPMENT ON NONCONFORMING LOTS OF RECORD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Ordinance Amendment City of Elk River/Wild and Scenic River Management Section 906/Public Hearin~ Janelle Szklarski indicated that the previous amendment to the shoreland ordinance would delete any reference to the City's existing Wild and Scenic River ordinance. She stated that in order to avoid a period of time where there are no standards in place for the Wild and Scenic River District, staff is recommending a separate Wild and Scenic River Ordinance be adopted. She stated that because the staff has not completed the Wild and Scenic River Ordinance in its entirety, staff is is requesting an interim ordinance be adopted. Don Spotts, Planning Commission Representative, indicated that the Planning Commission recommended approval of the ordinance amendment. Mayor TraIle 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 91-24, AN ORDINANCE ESTABLISHING SECTION 906 lVILD AND SCENIC RIVER MANAGEMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Ordinance Amendment 900.08 Definitions City of Elk River/Public Hearing Steve Rohlf, Building and Zoning Administrator, indicated that the adoption of the Shoreland Management Ordinance has triggered several other ordinance amendments within the City's Code. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. . . . City Council Minutes November 18, 1991 Page 7 COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 91-25, AN ORDINANCE AMENDING SECTION 900.08 DEFINITIONS OF THE CITY OF ELK RIVER CODE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Ordinance Amendment City of Elk River Zoning Districts Section 900.10 Overlay Districts/Public Hearine: 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 91-26, AN ORDINANCE AMENDING SECTION 900.10 ZONING DISTRICTS SUBD. (1) ESTABLISHMENT OF DISTRICTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Ordinance Amendment City of Elk River Uses by District Section 900.12/Public Hearine: 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 91-27, AN ORDINANCE AMENDING SECTION 900.12 PERMITTED ACCESSORY AND CONDITIONAL USES BY DISTRICT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Determination Underlying Zoning and Land Use Wi thin Floodplain by the City of Elk River/Public Hearing Janelle Szklarski indicated that the Floodplain Management Ordinance includes a floodplain designation for properties adjacent to Trott Brook, Lake Orono, the Elk River and the Mississippi River. She indicated that the floodplain district is an overlay district. Janelle Szklarski requested City Council approval of the zoning map which would include the underlying zoning districts and also eliminate floodplain from the land use map. Mayor TraUe opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT THE CHANGES TO THE ZONING MAP WHICH WOULD INCLUDE THE FLOODPLAIN OVERLAY DISTRICT AND THE CHANGES TO LAND USE MAP WHICH ALSO INCLUDE THE FLOODPLAIN OVERLAY DISTRICT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.9. Ordinanee Amendment to Section 1008.14 Regarding Private Sewage Disposal Janelle Szklarski indicated that with the adoption of new shoreland management regulations, the City of Elk River is adopting the Minnesota Pollution Control Agency's Individual Sewage Treatment System Standards for all shoreland. Staff is requesting that these same standards be adopted City-wide. . . . City Council Minutes November 18, 1991 Page 8 COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 91-28, AN ORDINANCE AMENDING SECTION 1008.14 SUBDIVISION DESIGN STANDARDS SUBDIVISION 6 SE\V AGE DISPOSAL. COUNC ILMEMBER HOLMGREN SECONDED THE MOT ION . THE MOTION CARRIED 5-0. B.10.0rdinance Amendment City of Elk River Section 1300.04 Private Sewa~e Disposal COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 91-29, AN ORDINANCE AMENDING 1300.04 PRIVATE SEWAGE DISPOSAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. B.11.0rdinance Amendment City of Elk River Section 1008.10 Data for Preliminary Plat COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 91-30, AN ORDINANCE AMENDING SECTION 1008.10 DATA FOR PRELIMINARY PLAT I SUBDIVISION 3.G. SUBDIVISION DESIGN FEATURES. COUNCLLMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.12.0ther Building and Zoning Don Spotts, Planning Commission Representative, indicated that he has been working with the Sherburne County Tree Board to develop an ordinance to protect oak and elm trees. Councilmember Kropuenske updated the Council on the meeting regarding County Ditch 28 which was held prior to the Counci I meeting. It was the consensus of the Council that staff obtain a quote from the City's engineering firm as to what it would cost to do an evaluation of the ditch system. 7. Check Register COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Other Business Councilmember Dietz informed the Council that an informal informational meeting has been scheduled for November 26 at 6:30 p.m. at City Hall regarding the Westwood improvements. He indicated that Councilmember Kropuenske and himself would be present for this meeting and that no other Councilmembers should be present as it is not a formal Council meeting. 9. City Administrator Update A. The City Administrator informed the Council that the members whose terms are up on the Library Board, Utilities Commission, and EDA have all indicated that they would like to be reappointed for the positions. He indicated that the City will not be advertising for those Commission appointments. The City Administrator further indicated that there are also positions available on the Planning City Council Minutes November 18, 1991 . . . Page 9 Commission and Park and Recreation Commission levels which will he advertised in the City's newsletter and the Elk River Star News. B. The City Administrator informed the Council that it is necessary to call a Council meeting for a work session on Redistricting. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON DECEMBER 9 TO BE HELD AT THE ELK RIVER CITY HALL FOLLOWING THE ECONOMIC DEVELOPMENT AUTHORITY MEETING FOR THE PURPOSE OF REDISTRICTING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. C. The City Administrator informed the Council that the City has received a Letter of Credit in favor of the City of Elk River from the First National Bank of Elk River for the Elk River Development Corporation. D. The City Administrator informed the Council that the City has reached an agreement with the Holzem property owners on FUlmore Avenue. He requested Council approval for the agreed upon price for the purchase of the right-of-way. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE AGREED UPON PRICE OF $4,500 TO BE PA TD TO THE HOLZEM FAMILY FOR PURCHASE OF RIGHT-OF-WAY ON FILLMORE AVENUE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. E. The City Administrator informed the Council that he had informed Uni ted Power Association that the Ci ty is willing to consider an offer for the old Ci ty Hall s i Le. He indicated that UPA has approached their Board and are proceeding with an appraisal of this site. This item \.,rill not he discussed again until 1992. F. The City Adndnistrator distributed a m81110 to himself from the Fire Chief regarding the request for an engine replacement on a ] 971 1,000 gallon GMP pumper. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE REPLACEMENT OF THE ENGINE ON THE ] 991 1,000 GALLON GMP PUMPER IN THE AMOUNT OF $6,400. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. G. The City Administrator informed the Council that the City has been informed that it must have clear title of the Gospodor property in order for the EDA to purchase the property. He indicated that in order to aecompI i 811 th is, the City must close on the property by November 20, 1991. H. The City Administrator informed the Council that staff is requesting an expansion of the City Hall proposal on the Administrative staff side. He indicated that the request is allowing a 12 foot expansion in order to incorporate room for at lc~ast one more office. He stated that the expansion would cost approximately $80,000. The Councj] discussed the request for . . . City Council Minutes November 18, 1991 Page 10 expansion. It was t.he consensus of the Council that it would be best to expand now and allow for space, rather than to wait as it would be more expensive in the future. The Council also discussed the funding for the expansion. The City Adnd n istrator indicated that there may be excess funds in the landscapi ng budget and tlle furniture and fixtures eqldpment budget. He indicated that the money could possibly come from those two areas. He further indicated that there is a possibility that the project could come in under bid which would leave money for the expansion. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:50 p.m. Respectfully submitted, ~L-tt :;;/IJdJVU(/ ~;( Sandra Thackeray City Clerk