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02-22-1988 CC MIN e e 3. e 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. e e e Page 2 City Council Minutes February 22, 1988 -------------------------- 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. Page 3 City Council Minutes February 22. 1988 e 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 e 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 e 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. Page 4 City Council Minutes February 22, 1988 e 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: e 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 e 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. Page 5 City Council Minutes February 22. 1988 e 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. e 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. e 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 Page 6 City Council Minutes February 22, 1988 e 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. e 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. e 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: Page 7 City Council Minutes February 22. 1988 e 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. e 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 . e --------------------- --------------------- 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 Page 8 City Council Minutes February 22. 1988 e 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 e 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. ---------------------- ---------------------- 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. e ----------------------- ----------------------- e e e 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. ----------------------- ----------------------- The City Administrator handed out the City Budgets and City Directories to Councilmembers. ----------------------- ----------------------- 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