02-22-1988 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
MONDAY. FEBRUARY 22. 1988
HELD AT THE ELK RIVER PUBLIC LIBRARY
Members Present:
Mayor Gunkel. Counci1members Schuldt. Tra11e. Dobe1
and Holmgren
Members Absent:
None
Staff Present:
Pat Klaers. City Administrator; Steve Rohlf. Building
and Zoning Administrator; Terry Maurer. City Engineer;
Fritz Do1ejs. Municipal Liquor Store Manager
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 Gunkel.
2. Consideration of 2/29/88 City Council Agenda
The following items were added to the agenda: 9.2 - TIF discussion; 9.3 _
Community Festival; 9.4 - Fire Department; - 9.5 - Administrator
Update.
COUNCILMEMBER DOBEL MOVED TO APPROVE THE 2/22/88 CITY COUNCIL AGENDA AS
AMENDED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
Consideration of 2/1/88 City Council Minutes
The following corrections were made to the 2/1/88 Council minutes:
Page 1 - Item 5.1 - west of Lowell should read "east" of Lowell. and east
of Lowell should read "west" of Lowell.
Page 4 Item 6.2 - Second Paragraph the following wording should be
added: "The Planning Commission recommended approval of the Conditional
Use Permit for one year."
Page 5 - Item 6.2 - The 4-1 vote stated in the motion should read "4-0".
Page 6 Item 6.3 - The following should be added: "Mayor Gunkel also
indicated that the Council denied a similar request at the time of M-Va1e
Plat.
COUNCILMEMBER TRALLE MOVED TO APPROVE THE 2/1/88 CITY COUNCIL MINUTES AS
AMENDED. COUNCILMEMBER HOLMGREN SECONED THE MOTION. THE MOTION CARRIED
5-0.
4. Open Mike
No one appeared for this item.
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City Council Minutes
February 22, 1988
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5.1. Northbound Liquor Store Annual Report
Fritz Do1ejs, Liquor Store Manager of Northbound Liquor Store, presented
his annual report to the City Council. Mayor Gunkel indicated she would
like the City Council to send a letter to the Legislature stating the
affects selling wine and beer in liquor stores would have on the City
budget, if such a bill were passed. It was further indicated by the
Council that a decision on whether or not Northbound should advertise by
a Billboard on Highway 10 would be made at a future Council meeting.
5.2. Building and Zoning Annual Report
Steve Rohlf, Building and Zoning Administrator, presented the Building
and Zoning Annual Report to the City Council. He indicated his main goal
in writing the report was to inform the Council what has happened in Elk
River during 1987 in regards to Building and Zoning activities and also
to present the goals for the Building and Zoning Department for 1988.
6.1. Jackson Avenue and Main Street Projects
Terry Maurer, City Engineer, informed the Council That the bid for the
Jackson Avenue and Main Street Projects were opened February 16, 1988.
He noted the bids came in at about 11% under the estimated figure.
Progressive Contractors, Inc. (PCI) was the low bidder at $1,704,494.10.
Mr. Maurer explained that the bid amount submitted by PCI includes the
Main Street and Jackson Avenue projects and the textured sidewalks in the
downtown beautification project; however this does not include any other
aspects of the downtown beautification project.
The City Administrator indicated that the low bid may slightly reduce the
sewer assessments, but will not reduce the street assessment due to the
City's policy of a set figure per foot for street assessment. He
indicated that tbe City is borrowing from MSA funds to complete the
project and the low bid indicates that the City will not have to borrow
as much as planned from MSA funds, leaving more for future projects.
COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-11, A RESOLUTION
ORDERING THE IMPROVEMENT IN THE MATTER OF THE MAIN STREET IMPROVEMENT OF
1987. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-
o.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 88-12, A RESOLUTION
REQUESTING THE ADVANCE ENCUMBRANCE FROM CITY LOCAL FUNDS TO CITY REGULAR
ACCOUNT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-13, A RESOLUTION
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE
JACKSON AVENUE IMPROVEMENT OF 1987. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
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City Council Minutes
February 22. 1988
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COUNCILMEMBER DOBEL MOVED TO ADOPT RESOLUTION 88-14. A RESOLUTION
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT. IN THE MATTER OF THE
MAIN STREET . IMPROVEMENT OF' 1987. . COUNCILMEMBER TRALLE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
6.2. Fire Department Bylaws
Mayor Gunkel indicated that the Fire Department is requesting Council
approval of the updated Bylaws. Mayor Gunkel questioned item 2.3. She
indicated the Bylaws made no mention of the interview process involved
and questioned why a vote by secret ballot was taken before the
probationary period. She indicated she felt it would make more sense to
vote on the candidate after the probationary period as most people voting
would know the persons abilities at this time.
After Council
meet the same
Gunkel indicated
in the Bylaws.
discussion it was the consensus that all candidates must
criteria when being voted on by secret ballot. Mayor
she would prefer that the interview process be mentioned
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COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FIRE DEPARTMENT Bn.AWS AS
PRESENTED WITH THE FOLLOWING EXCEPTION TO ITEM 2.3: THAT THE SENTENCE
"SUCCESSFUL CANDIDATES FOR PROBATIONARY MEMBERSHIP WILL BE INTERVIEWED BY
A REVIEW COMMITTEE" BE ADDED. . COUNCILMEMBER DOBEL SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
7.1. Administrative Subdivision/Tim Smith/Public Hearing
Mayor Gunkel indicated that Tim Smith is requesting an administrative
subdivision to combine Lots 7. 8. and 9 into one lot and also to combine
Lots 10 and 11 into one lot. all in Block 3 of Camp Cozy 5th Addition.
Stephen Rohlf indicated that since the lots in question have gone through
torrens action. the two new legal descriptions for the lots will have to
be verified by someone qualified to do so prior to recording.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter. Mayor Gunkel closed the public hearing.
COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY TIM SMITH COMBINING LOTS 7. 8. AND 9 BLOCK 3. CAMP COZY 5TH
ADDITION AND ALSO TO COMBINE LOTS 10 AND 11 BLOCK 3. CAMP COZY 5TH
ADDITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
7.2. Administrative Subdivision/NSP & UPA/Pub1ic Hearing
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Mayor Gunkel indicated that the property which the RDF processing
facility will be located on is three separate parcels. UPA and NSP are
before the Council with a request to combine these three lots into one
lot.
Mayor Gunkel opened the public hearing. There being no one for or
against the matter. Mayor Gunkel closed the public hearing.
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City Council Minutes
February 22, 1988
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COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY UPAAND NSp. TO COMBINE THREE LOTS INI'O ONE LOT WHICH IS
WHERE THE RDF PROCESSING FACILITY WILL BE LOCATED. COUNCILMEMBER
HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.3. Final Plat Review for Proctor One Plat/Moyer Weicht Investment Co.
Mayor Gunkel indicated that Moyer Weicht Investment Corporation of Elk
River is requesting final plat approval for Proctor One Plat. This plat
lies within a R-2B zoned district and will consist of three buildings
with four townhouse units. The twelve lots in the plat are proposed to
be served by City sewer and water, however. the water and sewer lines
within the plat will be privately owned. The road within the plat will
also be privately owned.
The Council discussed the Building and Zoning Administrator's memo dated
February 18. 1988.
OOUNCILMlMBER SCHULDT MOVED FINAL PLAT APPROVAL FOR PROCTOR ONE PLAT WITH
THE FOLLOWING CONDITIONS:
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1. THAT AN EASEMENT I S ADDED TO THE PLAT TO ACCOMMODATE THE WATER
AND SEWER LINES AND THE ROAD.
2. THAT THE FINAL DESIGN OF THE WATER AND SEWER LINES BE APPROVED BY
TERRY MAURER. CITY ENGINEER. AND THAT THE PETITIONER GAIN APPROVAL
FOR THOSE WATER AND . SEWER LINES FROM MPCA AND THE DEPARTMENT OF
HEALTH. ALSO THAT A HYDRANT IS ADDED BETWEEN LOTS 2 AND 3, AS PER
RUSS ANDERSON'S RECOMMENDATION.
3. THAT THE TOWNHOUSE ASSOCIATION AGREEMENT IS FOUND ACCEPTABLE BY THE
CITY ATTORNEY PRIOR TO RECORDING OF THE PLAT.
4. THAT THE NORTH 20 FEET OF THE DRIVE BE MARKED. "FIRE LANE, NO
PARKING," AND THAT ADDITIONAL PARRALLEL PARKING BE ADDED TO THE SOUTH
SIDE OF THE DRIVE.
5. THAT A STREET SIGN IS INSTALLED NAMING THE ROAD WITHIN THE PLAT 1915T
AVENUE FOR ADDRESSING PURPOSES.
7. THAT STREET LIGHTING BE PROVIDED AT THE CORNER OF THE PLAT ROAD AND
PROCTOR AVENUE . FOR. SAFETY REASONS AT THE EXPENSE OF THE DEVELOPER.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4. Final Plat Review for Crossroads Plat/John Plaisted
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Mayor Gunkel indicated that John Plaisted is requesting final plat
approval of Crossroads Plat. The plat consists of ten C-3A Highway
Commercial zoned lots. Terry Maurer. City Engineer. has prepared the
grading plan for the road proposed in the plat and also engineered the
final road design.
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City Council Minutes
February 22. 1988
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The Council discussed the difference between barrier curb versus
surmountable curb with the petitioner. The Council indicated that they
would prefer to see barrier curb put in the plat. Mr. Plaisted indicated
that at first he was contemplating putting in surmountable curb but has
decided he will put in barrier curb.
The City
updated.
Administrator indicated
it will be stipulated
that when the assessment manual is
that barrier curb be used in plats.
The Council also discussed the fact that the area is very dark with no
lighting available. The Council requested Mr. Plaisted to install some
type of lighting.
COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PLAT OF CROSSROADS WITH
THE FOLLOWING CONDITIONS: .
1. THAT THE ROAD DESIGN AND GRADING PLAN BE APPROVED AS SUBMITTED BY
TERRY MAURER. .
2. THAT A $33.000 LETTER OF CREDIT BE SECURED AND A DEVELOPER'S
AGREEMENT ENTERED INTO FOR THE IMPROVEMENTS WITHIN THE PLAT THAT ARE
PROPOSED. TO BE ACCEPTED BY THE CITY.
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3. THAT THE DEVELOPER HAVE ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL
TO FINISH THE IMPROVEMENTS WITHIN THE PLAT.
4. THAT THE FUTURE EXTENSION OF THE PROPOSED ROAD IN THE PLAT (FROM THE
END OF THE CUL-DE-SAC)' SOUTH TO THE PLAT BOUNDARY IS ROUGH GRADED
AND SEEDED AS PART 'OF THE IMPROVEMENTS WITHIN THE PLAT.
5. THAT A PERMIT IS OBTAINED FOR THE CONSTRUCTION OF THE HIGHWAY ACCESS
TO THE PLAT FROM THE. MINNESOTA DEPARTMENT'OF TRANSPORTATION.
6. THAT THE FINAL DETAILS OF THE SITE GRADING AND DRAINAGE BE APPROVED
BY TERRY MAURER. CITY ENGINEER.
7. THAT THE URBAN RUNOFF EROSION AND CONTROL HANDBOOK IS USED FOR THE
STANDARDS FOR CONTROLLING EROSION IN THE PLAT.
8. THAT A PERK TEST BE REQUIRED ON ALL LOTS PRIOR TO DESIGN AND
CONSTRUCTION OF ON-SITE SEPTIC SYSTEMS AND THAT SOIL BORINGS BE
REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE ON LOTS WHERE FILL HAS
BEEN USED.
9. THAT LIGHTING BE ADDED TO THE PLAT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
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7.5. Consideration of Final Plat for Royal Oaks Ridge/Jerry Smith
Mayor Gunkel
approval of
R-1b Single
water.
indicated that Gerald Smith is requesting final plat
Royal Oaks Ridge plat. Royal Oaks Ridge will consist of 62
Family lots. All lots will be served by City sewer and
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City Council Minutes
February 22, 1988
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Discussion was held on two lots which do not meet the m1n1mum frontage
requirement. Lot 10, Block 1 is .16 feet shy of the requirement and Lot
5, Block 2 is 6.4 feet shy of the requirement. After discussion
regarding this matter, the Council indicated that Lot 10, Block 1 could
stay as it is because of its location on a curve, and Lot 5, Block 2,
should be adjusted to meet the frontage requirement.
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The Council discussed grading, drainage, roads and utilities of the plat.
These areas of concern were reviewed in the Building and Zoning
Administrator's memo dated February 17, 1988. Mr. Claussen, a
neighboring resident, indicated that the road going to the east will need
a large amount of excavation to remove poor soils and to keep the gas
line in place. Also discussed were concerns relating to drainage. The
Building and Zoning Administrator stated that the ditch in the southeast
corner will carry the drainage from the plat to a County ditch, south of
County Road 12. He also indicated that the ditch would have to be
cleaned in order to work properly. Jerry Smith indicated he will have
the ditch cleaned. Street lighting was discussed at this time. Mr. Bob
McCartney of Elk River Utilities indicated that Elk River Utilities would
purchase the street lights and install them. He indicated Jerry Smith
would be billed for the purchasing and installation of the lights but the
actual billing for use age would be charged to the residents. Jerry Smith
indicated that the purchasing and installation of the street lights would
be assessed to the property owners.
Jerry Smith indicated to the Council that he is requesting building
permits for model homes in the plat before Class Five is being put on the
roads. Mayor Gunkel indicated that this is not the City policy to allow
building permits before Class five is put on the roads. Terry Maurer,
City Engineer, indicated that this is a City project and the roads will
be put in by the City sometime in July. Mr. Smith stated that he needs
to build model homes in the plat early in order to sell lots this summer.
The Council discussed the matter in length and stated that they
understood Jerry Smith's position. The Building and Zoning Administrator
indicated that if the Council does allow building permits for model
homes, it should be stipulated that they are for model homes only, and
that no occupancy to the buildings be granted until Class Five is put on
the roads and the homes are hooked up to City sewer and water.
The City Administrator indicated that the City is eliminating a
disadvantage for Mr. Smith due to the fact that the City is putting in
the road and it will not be in until at least July. He indicated if this
project did not involve municipal utilities, Mr. Smith could have the
road put in earlier and therefore, would not be in this competitive
disadvantage situation.
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COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION
APPROVING PLANS AND SPECIFICATIONS AND ORDERING
RIDGE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
O.
88-15, A RESOLUTION
BIDS FOR ROYAL OAKS
THE MOTION CARRIED 5-
COUNCILMEMBER TRALLE MOVED TO APPROVE THE FINAL PLAT FOR ROYAL OAKS RIDGE
WITH THE FOLLOWING STIPULATIONS:
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City Council Minutes
February 22. 1988
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1. THAT VANCE STREET WITHIN THE PLAT BE RENAMED TO XAVIER. WILSON CIRCLE
RENAMED YALE CIRCLE. AND XAVIER STREET BE RENAMED TO ZANE STREET TO
FOLLOW THE CITY'S GRID SYSTEM.
2. THAT THE DETAILS OF THE SITE GRAD ING PLAN BE APPROVED BY TERRY
MAURER. CITY ENGINEER~
3. THAT THE SITE GRADING AND THE ROAD GRADING BE DONE SIMULTANEOUSLY
PRIOR TO STARTING THE INSTALLATION OF UTILITIES.
4. THAT A 120 FOOT WIDE EASEMENT IS ADDED ON THE EAST END OF 190TH TO
ACCOMMODATE A CUL-DE-SAC.
5. FROM THE END OF THE CUL-DE-SAC TO THE EAST PLAT BOUNDARY. THE ROAD
RIGHT-OF-WAY IS ROUGH GRADED AND SEEDED.
6. THAT THE DEVELOPER CLEAN THE D ITCH THAT ACCOMMODATES THE PLAT TO
COUNTY ROAD 13.
7. THAT BUILDING PERMITS FOR LOTS 1 AND 2. BLOCK 1. LOTS 1. 7. 8. 9. 10.
AND 21. BLOCK 2. AND LOT 1. BLOCK 3. BE ALLOWED WITH THE STIPULATION
THAT NO OCCUPANCY FOR THESE HOMES BE ALLOWED UNTIL CLASS FIVE IS ON
THE ROAD S AND UNTIL THEY ARE HOOKED UP TO CITY WATER AND SEWER.
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8. THAT STREET LIGHTS BE INCLUDED IN THE PLAT AND THAT THE TYPE OF
LIGHTING AND LOCATION BE DETERMINED BY THE UTILITIES SUPERINTENDENT
AND THAT THE COST FOR THESE LIGHTS BE ASSESSED TO THE PROPERTY
OWNERS.
9. THAT LOT 5. BLOCK 2 BE BROUGHT INTO COMPLIANCE WITH THE FRONTAGE
REQUIREMENT OF 75 FEET AS PER THE CITY ORDINANCE.
10. THAT THE LETTER OF CREDIT AMOUNT BE ESTABLISHED AFTER THE CITY
RECEIVES A FIRM BID AT WHICH TIME THE PLAT MAY BE RECORDED.
COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8. Check Register
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER.
COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
9.1. Highway 101 Resolution
COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-16. A RESOLUTION
ENDORSING THE STATE LEGISLATURE IN PROVIDING ADDITIONAL FUNDING FOR
TRANSPORTATION. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION
CARRIED 5 -0 .
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At this time. Chuck
Representative. indicated
Legislature meeting and
Committee.
Christian. Chamber Governmental Affairs
that members of the Chamber attended the State
heard many good comments on the Highway 101
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City Council Minutes
February 22. 1988
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9.2. TIF
Councilmember Tralle voiced his concern regarding a Letter to the Editor
in the Sherburne Tribune Newspaper by County Commissioner. Lyle Smith. in
regards to TIF #4. Councilmember Tralle indicated that the facts in the
article were incorrect and questioned whether the City should write to
the paper with the correct facts. It was the consensus of the Council to
not correct the article.
9.3. Community Festival
Mayor Gunkel indicated that the Community Festival would be held June 11
at Orono Park due to the construction taking place on Main Street. It
was the consensus to have a City Council booth at the festival in
conjunction with the Police Department.
9.4. Fire Department
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Councilmember Dobel indicated he had visited the Fire Department and was
surprised to find that the Fire Department does not have a reliable grass
fire fighting backup unit. He indicated he would like Staff and Council
to consider purchasing such a unit as soon as possible. He indicated the
truck would cost approximately $25.000.
The City Administrator indicated that in a growing City there is always
the situation where there are more needs than funds available. He
indicated the budget process has been complete and this unit was not
budgeted for in 1988. He indicated he would like the situation
evaluated.
It was the consensus of the Council to think about the purchase of a
grass fighting backup unit when a report is submitted by the Fire Chief.
9.5. City Administrator - Update Items
The City Administrator indicated that the Staff is trying to coordinate a
joint meeting with the Growth Management Plan Task Force. Planning
Commission and City Council to complete the Growth Management Plan.
It was the consensus of the Council to hold this joint meeting on Monday.
March 28. 1988.
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The Council discussed the 2nd Monday of the Month being vacant as the
GMPTF has completed Growth Management Plan for the City and will no
longer be meeting. It was the consensus of the Council and Staff to keep
this day open for special meetings.
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Page 9
City Council Minutes
February 22. 1988
The City Administrator indicated that Council has determined the need for
a Street light in the vicinity of Proctor Avenue. south of Salk School.
He indicated the area is owned by Anoka Electric. therefore. the City
would be responsible for paying for the light. It was the consensus to
proceed with the installation of the light.
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The City Administrator handed out the City Budgets and City Directories
to Councilmembers.
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There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN THE
MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER TRALLE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
The meeting of the Elk River City Council adjourned at 10:20 p.m.
~er.Y
Deputy City Clerk