12-03-1990 CC MIN
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MEETING OF THE ELK RIVER CI'l'Y COUNCIL
HELD A'l' 'l'HE ELK RIVER PUBLIC LIBRARY
MONDAY, DECEMBER 3, 1990
Members Present:
Mayor Tralle, Councilmembers Holmgren, Dobel, Kropuenske
and Schuldt
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Lori Johnson, Finance
Director; Sandy Thackeray, City Clerk; Steve Rohlf,
Building and Zoning Administrator
Planning Commission Representative Present:
Robert Bischoff
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 7:05 p.m.
2.
Consider 12/3/90 City Council A~enda
Item 7.2, Mayor Tralle, was added to the Council agenda.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 12/3/90 CITY COUNCIL AGENDA
AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
3.1
Consideration of 11/13/90 City Council Minutes
COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/13/90 CITY COUNCIL
MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
3.2 Consideration of 11/19/90 City Council Minutes
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 11/19/90 CITY COUNCIL
MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
3.3 Consideration of 11/26/90 City Council Minutes
The following changes were made to the November 26, 1990 City Council
minutes:
In the first paragraph of items 4.3 & 4.4, the words "ten years" should
be replaced with "The life of the project".
Under the first paragraph of Item 4.3, the City Attorney's last name
should be added.
Elk River City Council Minutes
December 3, 1990
Page 2
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COUNCILMEMBER DOBEL MOVED TO APPROVE THE 11/26/90 CITY COUNCIL MINUTES
AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.
Open Mike
Mr. Thompson, a resident of Elk River, questioned why the City is not
receiving any money from the State lottery proceeds. Mayor Tralle
explained that the proceeds from the State lottery have been allocated
by State law and further explained that if Mr. Thompson would like to
see some changes made, he should contact his State Representatives.
5.1 Variance and Administrative Subdivision/Don Rahn/P.H.
Steve Rohl f , Building and Zoning Administrator, stated that Mr. Don
Rahn of 12992 Orono Road, is requesting a 66 foot variance on the
amount of frontage required for a lot in an R-1b zone, in order to
create an additional parcel. He further indicated that Mr. Rahn is
also requesting an administrative subdivision to create a one acre
parcel of land.
Robert Bischoff, Planning Commission Representative, stated that the
Planning Commission recommended approval of the variance as the request
met the five standards required for a variance.
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Mayor Tralle opened the public hearing.
Mr. Don Rahn was present and stated that he agreed with the
recommendations of the Planning Commission regarding the variance.
There being no further comments from the public, Mayor Tralle closed
the public hearing.
COUNCILMEMBER DOBEL MOVED TO APPROVE THE REQUEST FOR A 66 FOOT LOT
FRONTAGE VARIANCE FOR MR. DON RAHN. COUNCILMEMBER KROPUENSKE SECONDED
THE MOTION. THE MO'l'ION CARRIED 5-0.
COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY MR. DON RAHN WITH THE FOLLOWING STIPULATIONS:
1. That the north 66 feet of the proposed new lot running the entire
length of the parcel from east to west be dedicated to the City as
easement for road, utility, and drainage purposes. This easement
will serve the new lots that can be created from the original
parcel in the future when City sewer and water is available in
this area.
2. That the shed that is too close to the setback from the new
property line be moved.
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3.
That the petitioner provide the City with two new legal
descriptions for recording.
Elk River City Council Minutes
December 3, 1990
Page 3
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4.
That $350 in park dedication fees be paid for the newly created
lot.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. ~'HE MOTION CARRIED 5-0.
5.2 Ordinance Amendments for Section 900.22/City of Elk River/P.H.
Steve Rohlf, Building and Zoning Administrator, stated that the City
staff is requesting two amendments to the City's sign ordinance. He
indicated that the first amendment would allow the alteration, or
relocation of legal nonconforming signs if the alteration or relocation
leads to a better situation for the City. He further indicated that
the second request is concerning an amendment which would allow one
addi tional freestanding sign in the highway commercial zone if the
parcel has in excess of 300 lineal feet of frontage.
Mayor Tralle opened the public hearing.
Gary Green of Circle C indicated that he has two business locations in
the City of Elk River and he is in favor of the ordinance amendments.
He indicated that the amendments are progressive thinking on the City's
part.
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Charlie Houle of Houle Oil indicated his support of the proposed
ordinance amendments. He indicated that the change is good for the
City and for the businesses.
There being no further comments, Mayor Tralle closed the public hearing.
Robert Bischoff, Planning Commission Representative, indicated that the
Planning Commission recommended approval of both ordinance amendments.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-49, AN ORDINANCE
AMENDING SECTION 900.22, SUBDIVISION 5, RELATING TO THE RELOCATION OR
ALTERATION OF NONCONFORMING SIGNS. COUNCILMEMBER SCHULDT SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 90-50, AN ORDINANCE
AMENDING SECTION 900.22, SUBSECTION 4D, SIGNS PERMITTED IN THE C-3
ZONE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED '1'0 ADOPT RESOLUTION 90-67, A RESOLUTION
SETTING FEES fOR ALTERATION OF A NONCONFORMING SIGN APPLICATION.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.3
Si.!!na.!!e Request/Elk River Ford
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Steve Rohlf, Building and Zoning Administrator, indicated that Elk
River Ford had originally made a sign request to advertise Chrysler/
Dodge dealership at the site of the Ford Mercury dealership. Scott
Powell, owner of Elk River Ford, indicated that Elk River Ford is
looking at two franchises which would include Elk River Ford and
Elk River City Council Minutes
December 3, 1990
Page 4
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Chrysler/Dodge dealerships at one location. He indicated that their
original request was for an additional sign to advertise the Chrysler/
Dodge dealership; however, after further consideration, Elk River Ford
had determined that it would be best to advertise by hillboard at a
separate lot. Therefore, they are withdrawing their request.
It was the consensus of the City Council to consider Item 5.3 as
withdrawn.
5.4 Conditional Use Permit ReQuest for Auto Body ShOD/Elk River
Chrysler/P.H./Withdrawn
This request was withdrawn by the applicant.
The City Council recessed at 7:30 p.m. and reconvened at 7:45 p.m.
7.1 ReQuest for Premise Permit for Charitable Gamblin~ at Broadwav Bar &
Pizza from Minnesota TheraDeutic CamD
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Sandy Thackeray, City Clerk, indicated that Larry Hennig, representing
the Minnesota Therapeutic Camp, was present to request a Chari table
Gambling Premise Permit to operate charitable gambling at Broadway Bar
and Pizza. Ms. Thackeray indicated that Elk River Youth Hockey had
been granted a permi t to operate chari table gambling at Broadway Bar &
Pizza in October of 1990, but has recently voted to withdraw their
gambling license. Mr. Hennig informed the City Council that he was
contacted by Richard Kurth, owner of Broadway Bar & Pizza, with a
request to have Minnesota Therapeutic Camp operate pull tabs at his
establishment.
The City Clerk informed the Council that Mr. Hennig was before the
Council in Dec~mber of 1988 with the same request and further that the
Zimmerman Fire Department had been before the Council in October of
1987 with a request to operate pull tabs at Elk River Bowl. She
indicated that the Council denied both requests due mainly to the past
practice of allowing only local organizations to conduct charitable
gambling in Elk River.
The City Clerk indicated that State law does not look favorably on
policies set by local government to restrict the operation of gambling
regulations to local residents. The City Clerk indicated that an
option that the Council may wish to consider would be the developing of
a trade area which would allow the Council to require gambling
organizations to spend all or a portion of expenditures within the
City's trade area.
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Larry Hennig explained to the Council that his organization pays for
the mentally handicapped to attend the Minnesota Therapeutic Camp. He
stated that the City of Elk River, Sherburne County and the mentally
handicapped people benefit from the gambling proceeds. He stated that
the organization would employ people locally to run the chari table
gambling and further that some of the mentally handicapped residents
from Sherburne County and Elk River would benefit from the proceeds.
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December 3, 1990
Page 5
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A representative from the VFW was present and stated that all of the
gambling proceeds from the VFW goes back into the community. He also
noted that VFW does donate to Camp Confidence (Minnesota Therapeutic
Camp) .
Mayor Tralle stated that he would like time to research an ordinance to
develop a trade area for the City of Elk River.
Joe Zerwas, a representative of the Elk River Jaycees, stated that the
Jaycees give 96% of their proceeds to the Elk River area.
COUNCILMEMBER KROPUENSKE MOVED TO DIRECT THE CITY STAFF TO WORK WITH
THE CITY ATTORNEY IN REVIEWING THE POSSIBILITY OF ESTABLISHING A TRADE
AREA FOR THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER KROPUENSKE MOVED TO TABLE THE REQUEST FOR A GAMBLING
PREMISE PERMIT FROM MINNESOTA THERAPEUTIC CAMP TO OPERATE AT BROADWAY
BAR & PIZZA UNTIL THE TRADE AREA FOR THE CITY OF ELK RIVER IS
RESEARCHED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.
1991 General Fund Bud~et/P.H~
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Mayor Tralle indicated that the City of Elk River Budget Public Hearing
is scheduled for this evening. He indicated that the public hearing is
a requirement of the Truth in Taxation Law. Mayor Tralle explained the
distribution of the tax dollar and stated that the City's portion of
the local tax dollar is 23.3%.
The City Administrator explained that the City's General Fund Budget is
projected to increase 9.4%. He stated that the increased market value,
due mainly to new construction, should offset the levy increase. He
further stated that the residents of Elk River should expect no
increase in the City's share of their taxes. He further explained that
if the residents do see an increase, it will be due to their property
value being increased by the assessor or the levy increase due to voter
approved fire equipment. The City Administrator reviewed the revenues
for the City and stated that the total 1991 proposed revenues amount to
$2,744,350.
The City Administrator then reviewed the General Fund Expenditures. He
reviewed each category, giving the percentage of expenditure in
relation to the total General Fund Budget, and further explained
whether each category was proposed to increase or decrease from 1990.
The City Administrator explained that the total expenditures proposed
for 1991 are $2,744,350. The City Administrator also explained the
main reasons for the increase or decrease in the 1991 proposed budget
for some line i~ems within each category.
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The City Administrator stated that the City Council made a good effort
to keep spending in line and that the 1991 budget has the smallest
increase in the last five years. He stated that the growth in Elk
River is anticipated to offset any increase in taxes.
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December 3, 1990
Page 6
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Mayor Tralle opened the public hearing.
Mr. Thompson questioned whether the City had any plans to offset the
traffic problems on Main Street and Highway 169. The Mayor stated that
plans are underway to improve the Main Street/Highway 169 traffic
pattern. Mr. Thompson further questioned whether the City has ever
considered an underpass wi thin the City because of the trains. The
City Administrator stated that it would be possible to talk about this
type of project when the Capital Improvement Program is reviewed in
January, 1991.
Dick Gruys had a question regarding the method of valuing agricultural
land and wetlands and its relation to taxes. The Mayor indicated that
questions on property valuation should be directed to the Assessor's
Office.
Ted Cornelius questioned how the City was going to deal with the
possible local government aid cuts from the State. Mayor Tralle stated
that the City is aware that there may be some cuts and they have some
plans for meeting these cuts. He indicated that one of the possible
ways of meeting some of the shortfall would be to cut back on some of
the national conferences.
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Warren Green questioned where the money the City will receive from NSP
would fit into the budget. Mayor Tralle stated that a portion of this
money will go to fund a police officer for traffic control. He further
stated that the City Council has not made a decision on how to spend
the balance of the money but that it may be dedicated toward capital
improvements.
There being no further comments, Mayor Tralle closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-68, A RESOLUTION
AUTHORIZING THE FINAL TAX LEVY FOR CALENDAR YEAR 1991. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE FINAL 1991 BUDGET.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7. 2 M~or Tralle
Mayor Tralle stated that he would like to see staff, all Commission
members, and Councilmembers obtain Council approval for all out of
State travel in 1991 until such time that the City can determine how
State budget cuts will affect the City's budget.
COUNCILMEMBER HOLMGREN MOVED THAT THE COUNCIL MUST GIVE PRIOR APPROVAL
FOR ALL OUT OF STATE CONFERENCES AND TRAVEL FOR CITY EMPLOYEES.
COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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8.
Check Redster
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CHECK REGISTER.
COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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Elk River City Council Minutes
December 3, 1990
Page 7
9. Other Business
None
10. City Administrator Update
Pat Klaers, City Administrator, stated that the County has received
some SCORE Funds to distribute for recycling and composting efforts.
He indicated that the City can possibly receive some of these funds for
a clean up day, however, a request in the form of a resolution must be
submi tted to the County. He stated that in order to do this in a
timely manner the Council will have to call a special meeting to
discuss a City clean up day.
COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL COUNCIL MEETING ON
DECEMBER 10, 6:45 P.M., TO BE HELD AT THE ELK RIVER CITY HALL, FOR THE
PURPOSE OF DISCUSSING CLEAN UP DAY. COUNCILMEMBER KROPUENSKE SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
The City Administrator informed the Council that the Finance Department
has received a Certificate of Achievement for Excellence in Reporting
from the Government Finance Officers Association of the United States
and Canada. He indicated that this is a very high honor and stated
that the Certificate would be formally presented to the Finance
Department at the December 17 meeting.
The City Administrator discussed some land that could be purchased and
used for the disposal of sewer sludge. He indicated that he would like
to sign a purchase option for the land and then conduct a public
hearing on the issue in January, 1991.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO
ENTER INTO PURCHASE OPTIONS FOR SLUDGE LAND. COUNCILMEMBER DOBEL
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
11. Adiournment
There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. MAYOR TRALLE SECONDED 'fHE MOTION. THE MOTION
CARRIED 5-0.
The meeting of the Elk River City Council adJourned at 9:05 p.m.
Respectfully submitted,
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Sandy Thackeray
City Clerk