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07-25-1988 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY. JULY 25. 1988 e MEMBERS PRESENT: Mayor Gunkel. Councilmembers Schuldt. Holmgren. Tralle. and Dobel MEMBERS ABSENT: None ALSO PRESENT: Pat Klaers. City Administrator; Steve Rohlf. Building and Zoning Administrator; Lori Johnson. Finance Director; and Tom Zerwas. Police Chief 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consideration of 7/25/88 City Council Agenda The following items were added to the agenda: 6.5. Sergeant's Salary 9.3. City Administrator Miscellaneous Update Items COUNCILMEMBER DOBEL MOVED TO APPROVE THE CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consideration of 7/18/88 City Council Minutes e The following corrections were made to the 7/18/88 Council minutes: Page 3 Item 6.1. internal loan. A sentence added indicated the possibility of an Page 4 - Item 6.3 & 6.4 - A sentence added indicating that the T section on the Main Street curve was done according to MSA standards. COUNCILMEMBER AS AMENDED. CARRIED 5-0. SCHULDT MOVED TO APPROVE THE 7/18/88 CITY COUNCIL MINUTES COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION 4. Old Railroad Depot Beautification Mary Keifenheim and Ellie Kretsch. members of the 2001 Committee. and Sherri Borgquist. landscape architect. gave a presentation to the City Council regarding the beautification of the old Railroad Depot site. Ms. Keifenheim indicated that the elements of the improvement would consist of 1) making the area clean and attractive; 2) low maintenance; 3) improvement with items that will not impair safety. e Ms. Keifenheim indicated that before the proposed project would start. which would be in the Fall of 1988. the 2001 Subcommittee would seek approval from the Railroad. raise money by contacting local organizations. and will request labor for laying sod and tree planting from local organizations. She further indicated the Committee would be looking for assistance from the City by way of funding or purchasing of the trees. Page 2 City Council Minutes July 25, 1988 e Mayor Gunkel indicated that the Park and Recreation unanimously recommended approval of the proposed plan. Department Counci1member Schuldt suggested a pathway running parallel to Highway 10 for walking as opposed to sodding right up to the Highway. Mayor Gunkel commended the members of the committee for the proposed plan and for taking the initiative to start such a project. She also indicated she concurred with Counci1member Schuldt regarding the pathway. COUNCILMEMBER TRALLE MOVED TO SUPPORT THE BEAUTIFICATION PROJECT FOR THE OLD RAILROAD DEPOT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. & 5.6. Administrative Subdivision and Variance/Beaudry Oil/Public Hearing Steve Rohlf, Building and Zoning Administrator, indicated that Mr. Beaudry is requesting an administrative subdivision to combine two parcels of land in order to build a storage garage. The structure would be an addition to an existing structure. e Steve Rohlf further indicated that the proposed storage garage would be 15 feet from Quinn Avenue and approximately 15 feet from the Burlington Northern right-of-way to the south. which would require a 10 foot variance to the 25 foot side yard setback and a 35 foot variance to the 50 foot front yard setback. Mr. Rohlf indicated that the Planning Commission recommended approval of the variance due to the irregular shape of the lot and because Quinn Avenue is a dead end road and used in an industrial capacity. The City Council discussed the power line running across the property and the fact that the power line is a hazard to the community. Mr. Rohlf indicated that the Fire Chief would like to see the power line moved irregard1ess of the outcome of the variance request. Mayor Gunkel opened the public hearing. Mayor Gunkel submitted a letter for the record from Barb Maricle opposing the variance. Barb Maricle was present and indicated her opposition to the request. Mayor Gunkel closed the public hearing. e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY BEAUDRY OIL TO COMBINE TWO PARCELS OF PROPERTY LEGALLY DESCRIBED AS PARTS OF LOT 6. 7 AND 8. AUDITORS SUBDIVISION NO.3, LYING IN THE NWX OF SECTION 33, TOWNSHIP 33. RANGE 26 WITH THE STIPULATION THAT A NEW LEGAL DESCRIPTION FOR THE COMBINED PARCEL I S PROVIDED TO STAFF FOR RECORDING PURPOSES. COUNCILMEMBER DOBELSECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 3 City Council Minutes July 25. 1988 e COUNCILMEMBER TRALLE MOVED THAT THE REQUESTED 10 FOOT VARIANCE ON THE 25 FOOT SIDE YARD SETBACK 'AND 35, FOOT, VARIANCE ON- THE 50 FOOT FRONT YARD SETBACK BE APPROVED. FOR PROPERTY LEGALLY DESCRIBED AS PARTS OF LOTS 6.7 AND 8. AUDITORS SUBDIVISION NO.3. LYING IN THE ~ OF SECTION 33. TOWNSHIP 33. RANGE 26. WITH THE FOLLOWING CONDITIONS: 1. THAT THE POWER LINE ABOVE THE PROPERTY BE MOVED AT THE PETITIONER'S EXPENSE. 2. THAT NO FUEL TRUCKS BE PARKED IN THE BUILDING. 3. THAT THE BUILDING BE SPRINKLED. 4. THAT THERE BE A FENCE ALONG QUINN AVENUE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Discussion was held regarding who was responsible for the moving of the power line. It was the consensus that the burden not fall completely on Mr. Beaudry as he was not responsible for putting the line in that location. e COUNCILMEMBER TRALLE MOVED TO AMEND THE PREVIOUS MOTION TO STATE THAT THE POWER LINE ABOVE THE PROPERTY BE MOVED AT A COST TO BE NEGOTIATED BETWEEN THE PETITIONER. THE CITY. AND ELK RIVER MUNICIPAL UTILITIES. COUNCILMEMBER SCHULDT SECONDED THE AMENDMENT. THE AMENDMENT PASSED 5-0. THE MOTION AS AMENDED PASSED 5-0. 5.1. 5.2. 5.3. and 5.4. Administrative Wash in C-3A Zone). Conditional Use Variance (expansion of non-conforming Subdivision and Variance (Car Permit (Car Wash in C-3A Zone). use) Beaudry Oil/Public Hearing Steve Rohlf. Building and Zoning Administrator. indicated that Mr. Beaudry owns two lots legally described as parts of Lots 2 and 3. Block 23. Village of Elk River. The eastern lot has the existing car wash and gas station on it. The car wash is a grandfathered-in. non-conforming use. Mr. Beaudry is proposing to remove the gas station portion of the building and replace it with office space and add two additional car wash stalls. The additional car wash stalls will require approval of an expansion of a non-conforming use. Mr. Beaudry's western lot is zoned C-3A and he is proposing to put a gas station. a convenience store, and an automatic car wash on this lot. The lot line runs through this proposed car wash. therefore, Mr. Beaudry is requesting an administrative subdivision to move the lot line to the east side of the car wash. If the car wash is constructed and the lot line moved, a 20 foot variance will be required to the side yard setback, and a conditional use permit will be required to allow the car wash in a C-3A zone. e Mayor Gunkel indicated that the Planning Commission recommended denial of the variance request because the request did not meet the five standards required for a variance. Page 4 City Council Minutes July 25. 1988 e Mayor Gunkel opened the public hearing for all four requests 5.1 through 5.4. No one appeared for these items. therefore. Mayor Gunkel closed the public hearing. The Council discussed the possibility of moving the lot line to the west instead of the east. It was stated by the Building and Zoning Administrator that Staff interprets the change between the C-3A and C-1 zoning to be on the lot line. Therefore. moving the lot line to the west would eliminate the need for a conditional use permit. as the car wash would then be in a C-1 zone and be included with the request to expand his existing car wash. COUNCILMEMBER TRALLE MOVED TO DENY THE VARIANCE REQUEST FOR A 20 FOOT ENCROACHMENT ON THE 20 FOOT SIDE YARD SETBACK~ BECAUSE THE REQUEST DID NOT MEET THE 5 REQUIRED STANDARDS FOR A VARIANCE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Due to the variance being denied. the conditional use permit request is nullified. The Building and Zoning Administrator indicated that the Planning Commission requirements for the conditional use permit will be accomplished through the building permit procedure. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY BEAUDRY OIL TO MOVE THE LOT LINE TO THE WEST SIDE OF THE AUTO WASH WITH THE AUTO WASH BEING MADE PART OF THE EXISTING CAR WASH AND FURTHER THAT THE C-1 ZONE BE MOVED TO THE WEST SIDE OF THE AUTO WASH AND THAT THE FOLLOWING STIPULATION BE MADE A PART OF THE MOTION: 1. THAT THE PETITIONER PROVIDE NEW LEGAL DESCRIPTIONS FOR BOTH LOTS FOR RECORDING PURPOSES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO DENY THE CONDITIONAL USE PERMIT REQUEST AS THE REQUEST IS NULLIFIED BY THE VARIANCE DENIAL. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE FOR AN EXPANSION OF A NON-CONFORMING USE TO ALLOW THE EXPANSION OF THE EXISTING CAR WASH AND TO INCLUDE THE AUTO WASH. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0 ~ . 6. Discuss Police Union Contract Proposal e COUNCILMEMBER HOLMGREN MOVED TO RECESS THE CITY COUNCIL MEETING FOR TWO HOURS OR UNTIL THE END OF THE CLOSED MEETING FOR THE PURPOSE OF DISCUSSING THE CITY'S NEGOTIATING STRATEGY RELATING TO THE LABOR NEGOTIATIONS OF LOCAL 0320. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The regular meeting of the City Council recessed at 8:20 p.m. Page 5 City Council Minutes July 25, 1988 e The City Administrator discussed union requests of Local #320 with the Council. This meeting was taped and the tape will be made available to the public two years from the date of this meeting. The regular meeting of the City Council reconvened at 9:08 p.m. 6.5. Police Sergeant's Salary Due to the large amount of overtime required by the Sergeant, the City Administrator requested that the Council consider eliminating the overtime pay for this position and grant an increase in salary to compensate for the deletion of overtime pay, and also to keep the annual pay for the position in better proportion to the Chief's salary. He indicated this method of pay would simplify the budget process. COUNCILMEMBER TRALLE MOVED TO MAKE THE SERGEANT POSITION AN "EXEMPT POSITION" AND APPROVE A 17~% ABOVE THE TOP PATROL PAY FOR THE SERGEANT AND THAT A TWO STEP SERGEANT'S PAY PLAN BE ESTABLISHED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e The two step patrol for two Chief informed another officer sergeant pay plan would call for pay of 15% above the top years, then pay at 17~% above top patrol. The Police the Council that the School District suggested that be trained as a DARE officer. Discussion was held regarding the complaints received for the outdoor concert held at Broadway Bar and Pizza. Councilmember Tralle indicated that he had a complaint regarding noise and the obscene language used by the band. 7. Computer Request Lori Johnson, Finance Director, indicated she has completed her search for a new computer system and is prepared to present to the Council a recommendation and quotes. She at this time presented to the Council quotes for hardware and software from IBM, Business Records Corporation and Computoservice. COUNCILMBMBER TRALLE MOVED TO ACCEPT THE QUOTE FROM BUSINESS RECORDS CORPORATION FOR BOTH HARDWARE AND SOFTWARE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council to purchase an additional 105 MB disk and streaming tape back-up now instead of adding these items later. In addition to the financial payroll and word processing software, minute indexing software from Munimetrix will also be purchased. 8. Recreation Board Recommendations e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FOLLOWING PARK NAMES RECOMMENDED BY THE RECREATION BOARD: WOODLAND TRAILS PARK AND HILLSIDE PARK. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 6 City Council Minutes July 25, 1988 e The City Administrator informed the Council that the Recreation Board felt the activity of outdoor winter ice skating is a city responsibility. He further indicated that the Recreation Board had moved that the proposal for a new warming house at Handke school be approved with the financing to come from city, school and non-profit organizations. He stated that it was unlikely that the school would finance this activity and indicated it may not be appropriate to request funds from non-profit organizations; therefore, it should be paid for by the City. Mayor Gunkel suggested that nothing be done to improve Handke Pit this year in order to encourage people to utilize Lion's Park. Discussion of lights in Lion's Park was raised at this time. It was the consensus of the Council that lights be provided at Lion's park and that the City budget for a new warming house at Handke School in the 1989 budget. 9.1. Central Business District Assessment Appeal COUNCILMEMBER TRALLE MOVED TO AMEND THI CltffML lu~nm~~ i1fl;'fIUtj'f ASSESSMENT ROLL AND TO ASSESS MR. JOHNSON ONE ASSESSMENT FOR HIS PROPERTY ON MAIN STREET. COUNCILMEMBER HOLMGREN. SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 9.2. 1989 Budget Update The City Administrator updated the Council on the budget progress for the preparation of the 1989 budget. 9.3. Miscellaneous Update Items COUNCILMEMBER DOBEL MOVED TO APPROVE THE EXPENDITURE OF $13.545 FOR TREE GRATES AND TREE GUARDS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE SALE OF THE 1978 FORD FAIRMONT. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that Dirk Barrett has resigned from the Planning Commission and Delores Collins has resigned from the Library. COUNCILMEMBER HOLMGREN MOVED TO OFFER MR. JERRY SCHROEDER THE POSITION or PLANNING COMMISSIONER TO REPLACE DIRK BARRETT. EFFECTIVE AUGUST 1. 1988. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Other Business e Councilmember Tralle updated the Council on the Utilities Commission meeting and also on the recent Highway 101 meeting. City Council Minutes July 25, 1988 e 11. Adjournment Page 7 There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 11:00 p.m. ~?J~- Sandy Tha;keray 7 Recording Secretary e e