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02-23-1987 CC MIN MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 23. 1987 e Members Present: Mayor Gunkel. Councilmembers Schuldt. Tralle. Dobel and Holmgren Members Absent: None Staff Present: Patrick Klaers; City Administrator. Stephen Rohlf; Building and Zoning Administrator. Lori Johnson; Finance Director Fritz Dolejs; Liquor Store Manager 1. Mayor Gunkel called the meeting to order at 7:30 p.m. 2. Consider 2/23/87 City Council Agenda Item 5.1. was moved to 6.4 and item 8.3 Representatives was added to the agenda. Communications with COUNCILMBMBER TRALLE MOVED TO APPROVE THE 2/ 23/ 87 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 3. Consider 2/9/87 City Council Minutes COUNCILMEMBER DOBEL MOVED TO TABLE CONSIDERATION OF THE MINUTES DUE. TO THE NUMBER OF CORRECTIONS. UNTIL THE NEXT COUNCIL MEETING. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. e 4. Open Mike Dr. Robert Swan of 233 Morton indicated that at the last City Council meeting. Councilmember Tralle stated he had received a phone call from him and that he had stated he wished Mr. Tralle's children would he the first to get cancer from the RDF plant and further indicated that he had called Mr. Tralle derogatory names. Dr. Swan stated he would like a public apology. Councilmember Tralle indicated he did not state. or intend to infer. that Dr. Swan had been the person to state that he wished his children would get cancer but stated that he did receive such a phone call. Dr. Swan stated he would like an apology to the statement made by Councilmember Tralle indicating he had been called derogatory names by Dr. Swan. Councilmember Tralle indicated he did not state this at the Council meeting nor did he infer that Dr. Swan had called him derogatory names. Dr. Swan stated the insinuation was there and further that many other people felt the same as he did regarding this matter. e PAGE 2 City Council Minutes February 23. 1987 e 6.1.Transient Merchant License Request by John Wahl/Public Hearing Mayor Gunkel stated that Mr. transient merchant license to Highway 10 and Jackson Avenue. John sell Wahl has applied for renewal of a flowers on the northwest corner of Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. Councilmember Schuldt stated he had heard no complaints regarding Mr. Wahl selling flowers in this location. The City Administrator stated he had heard comments to the affect of the intersection of Jackson and Highway 10 being congested. Mayor Gunkel stated that Mr. Wahl had been instructed to move his flowers off the road and further that he had done this. Mr. Wahl stated he had moved his flowers off the road and felt he was not causing traffic congestion. COUNCILMEMBER SCHULDT MOVED TO APPROVE A TRANSIENT MERCHANT LICENSE FOR JOHN WAHL TO SILL FtOWBRS ON THE CORNER or HIGHWAY '10 AND JACKSON AVENUE. COUNCILMEMBER TRALLE SECONDED THE MOTION.. THE 'MOTION PASSED 5-0.' e 6.2.Equipment Certificate Resolution cOUNCILMEMBER TRALLE MOVED TO APPROVE RESOLUTION 87-13. A RESOLUTION AUTHORIZING ISSUANCE. AWARDING SALE. PRESECRIBING THE FORM AND DETAILS AND LEVYING TAXES FOR THE PAYMENT OF $106.000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES. SERIES 1987A. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.3.Resolution Authorizing Use of Minnesota Municipal Money Market Fund COUNCILMEMBER DOBEL MOVED TO APPROVE RESOLUTION 87-14. A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTIONS THEREWITH. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 6.4.Liquor Store Annual Report Fritz Dolejs. Liquor Store Manager presented his annual report to the City Council. Mr. Dolejs encouraged the Council to contact their Representatives and to send a resolution to the Representatives regarding opposition to the selling of wine in grocery stores. e Page 3 City Council Minutes February 23. 1987 e COUNCILMEMBER HOLMGREN MOVED TO HAVE THE CITY ENGINEER EVALUATE THE SI'l'UATION REGARDING THE INGRESS AND EGRESS AT NORTHBOUND LIQUOR STORE AND TO REPORT BACK' TO THE CITY COUNCIL. COUNCILMEMBER DOBEL SECONDED THE MOTION. Councilmember Tralle stated he would like to see Rons Country Foods and Baldwin evaluated in conjunction with Northbound Liquor. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION TO ADD THE TRAFFIC AT RONS COUNTRY FOOD AND BALDWIN BE EVALUATED IN CONJUNCTION WITH NORTHBOUND LIQUOR STORE. . COUNCILMEMBER DOBEL SECONDED THE AMENDMENT. THE MOTION AS AMENDED PASSED 5-0. It was the consensus of the City Council to adopt a resolution regarding the opposition to the sale of wine in grocery stores and also to discuss a "face lift" for the liquor store building at a future Council Committee Meeting. . 7.1.Consider Ordinance Amendment Regarding Daycares/Public Hearing e Steve Rohlf. Building and Zoning Administrator. noted that the present ordinance is restrictive on where daycare centers can operate. The Building and Zoning Administrator stated that the proposed ordinance amendments would allow daycare centers. as a conditional use. in certain zones. Planning Commission representative Morton stated that the Planning Commission voted to recommend adoption of the ordinance amendment to allow daycares as a conditional use in A-1. R-1. R-2. R-4. C-1. C-3A. C-4 and R- 3 zones. Mayor Gunkel opened the public hearing. Jodi Kreuser stated she is looking at some property located on Proctor which is zoned R-1 for a daycare. She questioned whether it would be best to have the property rezoned. There being no further public comment. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE ORDINANCE AMENDMENT 87-4. AN ORDINANCE AMENDING SECTION 900.16 - CONDITIONAL.USES IN REGARDS TO DAYCARE CENTERS. COUNCILMEMBER HOLMGREN SECONDED'THE MOTION. 'THE 'MOTION PASSED 5- O. 7.2.Consider Ordinance Amendment Regarding Model Homes/Public Hearing e Steve Rohlf. Building and Zoning Administrator. stated that currently model homes are allowed as a conditional use in the City Ordinance. He further indicated that Staff felt it would save time for the petitioner if model homes were allowed as principal uses with set performance standards. PAGE 4 City Council Minutes February 23. 1987 e Planning Commission Representative Morton indicated that the Planning Commission unanimously recommended approval of the proposed ordinance amendments to allow Model Homes as a principal use. Mayor Gunkel opened the public hearing. There being no comments from the public. Mayor Gunkel closed the public hearing. Councilmember Tralle questioned the point of allowing the garage to be part of the 4 required parking spaces allowed. He stated that most of the models use the garage as a real estate office. The Building and Zoning Administrator stated that in order to have a real estate office in the model. the applicant will have to go through the conditional use process. Councilmember Tralle further stated he would like to be sure the lighting of the model homes would not affect current residences or residences that will be constructed after the model is constructed. The Building and Zoning Administrator noted that the lighting would have to be changed if it were affecting neighboring residences. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-5, AN ORDINANCE AMENDING SECTION 900.12 - PRINCIPAL USES BY DISTRICT, SUBSECTION 6 - R-4 GENERAL MULTIPLE FAMILY RESIDENTIAL'. DISTRICTS. IN REGAIWS. 1'0 MODEL HOMII. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. e COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-6. AN ORDINANCE AMENDING SECTION 900.12 - PRINCIPAL USES BY DISTRICT. SUBSECTION 5 - R-3 TOWNHOUSES AND MULTIPLE FAMILY RESIDENTIAL DISTRICT IN REGARDS TO MODEL HOMES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-7. AN ORDINANCE AMENDING SECTION 900.20 - GENERAL REGULATIONS IN REGARDS TO MODEL HOMES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-8. AN ORDINANCE AMENDING SECTION 900.12 - PRINCIPAL USES BY DISTRICT. SUBSECTION 4B - R-2B. TOWNHOUSES AND MULTIPLE FAMILY RESIDENTIAL DISTRICT IN REGARDS TO MODEL HOMES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-9. AN ORDINANCE AMENDING SECTION 900.12 - PRINCIPAL USES BY DISTRICT. SUBSECTION 4A - R-2A. TWO FAMILY RESIDENTIAL DISTRICT IN REGARDS TO MODEL HOMES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-10. AN ORDINANCE AMENDING SECTION 900.12 - PRINCIPAL USES BY DISTRICT. SUBSECTION 3 - R-1. SINGLE FAMILY RESIDENTIAL DISTRICT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. e PAGE 5 City Council Minutes February 23. 1987 e COUNCILMEMBER DOBEL MOVED TO ADOPT ORDINANCE 87-11, AN ORDINANCE AMENDING SECTION 900.12 PRINCIPAL USES BY DISTRICT SUBSECTION 2 A-1. AGRICULTURAL CONSERVATION DISTRICT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5--0. 7.3.Consider Ordinance Amendment to Allow Kennels/Public Hearing The Building and Zoning Administrator noted that Mr. & Mrs. Reitsma were requesting an ordinance amendment to allow kennels as a conditional use within light and medium industrial zoned districts. Planning Commission amendment. Commission Representative recommended approval Morton to the stated that request the for Planning ordinance Mr. Rohlf stated that the Planning Commission discussion centered around kennels not fitting in industrial zones. but stated the Planning Commission felt kennels would not detract from industrial uses. Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. e Councilmember Tralle questioned whether kennels are regulated by the State Board of Health. Mr. Reitsma stated that the State does conduct a yearly inspection on kennels. COUNCILMEMBER SCHULDT MOVED TO ADOPT ORDINANCE 87-12. AN ORDINANCE AMENDING SECTION 900.16 CONDITIONAL USES. SUBSECTION 8 1-1 AND 1-1. INDUSTRIAL DISTRICTS IN REGARDS TO KENNELS. .. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.4.Consider Conditional Use Permit Request by United Methodist Church/Public Hearing The Building and Zoning Administrator noted that since churches are a conditional use within an R-1 district. the United Methodist Church is requesting a conditional use permit to expand their parking lot. Planning Commission Representative Morton Commission unanimously recommended approval with the stipulation that the parking lot be a properly marked handicapped access for stated that the for the conditional be hardsurfaced and parking. Planning use permit that there Mayor Gunkel opened the public hearing. Robert McCartney stated he was a member of the Church Administrative Council and stated the Church's intention is to improve the off street parking as they had promised to do four years ago. e There being no further comments from the public. Mayor Gunkel closed the public hearing. Page 6 City Council Minutes February 23. 1987 e Councilmember Schuldt questioned whether the vacated portion of Quinn Avenue was still being used as a street. Mr. McCartney stated that signs have been put up to indicate no thru traffic and further that curbing has been put up to restrict traffic. COUNcILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY UNITED METHODIST CHURCH TO EXPAND THE PARKING LOT WITH THE STIPULATION THAT THE DRIVEWAY BE HARDSURE'ACED.. COUNcILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.5.Consideration of Preliminary Plat for Oak Knoll/Public Hearing Steve Rohlf. Building and Zoning Administrator noted that Mr. Bob Harris is requesting approval of a preliminary plat for Oak Knoll Subdivision which consists of 52.8 acres and 28 single family lots in a R-lb zoned district. He stated that all lots meet minimum lot size and minimum frontage. except those lots on the end of the proposed cul-de-sac which don't have the m~n~um required frontage but meet an exception in the Subdivision Ordinance about frontage. He noted the lots proposed will be served by on-site septic and water. The Building and Zoning Administrator discussed the points written in his memo dated February 18. 1987 and addressed to the Mayor and City Council. e Planning Commission Representative Barrett stated that the Planning Commission recommended approval of the preliminary plat with the stipulations mentioned in the Building and Zoning Administrator's Memo. Mayor Gunkel opened the public hearing. Ted Cornelius stated that the residents along Waco Street would be trapped if the railroad crossing were blocked by a train. He stated there was no access along 192nd and Zebulon. He stated he would like to see an access incorporated in the plat across from Island View along 189th Avenue. Counc ilmemb e r D ob el blocked because of reviewed. stated that there has been a time when the road was a train and stated he felt the situation should be There being no further public comment. Mayor Gunkel closed the public hearing. The Buildng Engineer. there was expec t the and Zoning Administrator noted that Terry Maurer. City had reviewed the situation regarding an access road and felt sufficient access and further that it would be unreasonable to developer to extend the road from Waco to Troy Street. e Bob Harris stated that County Road 35 is going to be upgraded and. therefore. the road would be widened which would alleviate some of the problem for future road blockage. Councilmember Tralle questioned how the people buying land in the plat would be made aware of the upcoming assessment on the streets when improvement are required. PAGE 7 City Council Minutes February 23. 1987 e Mr. Bob Harris stated that the buyers will be made aware of the upcoming assessment and further that the affected lots will be lower in price. Councilmember Tralle noted he felt it would be a good idea for the City to purchase the land for park purposes. COUNCILMEMBER TRALLE MOVED TO APPROVE THE PRELIMINARY PLAT FOR OAK KNOLL WITH THE STIPULATIONS MADE BY THE PLANNING COMMISSION AND THAT THE PARK DEDICATION FEE BE DEALT WITH AS OUTLINED IN ITEM #6 IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO. ATTACHED TO THESE MINUTES. THE MOTION PASSED 5-0. 7.6.Consideration of Easement Vacation by Kusch/Public Hearing The Building and Zoning Administrator noted that Mr. & Mrs. Kusch are requesting an easement vacation in order to eliminate a drainage and utility easement between the two lots they own. Mr. Rohlf stated that staff is recommending that the Kusch's quitclaim a new easement to the City. Mr. Rohlf also mentioned that the Kurch's have a house built on the easement. Mayor Gunkel opened the public hearing. There being no comments from the public. Mayor Gunkel closed the public hearing. e cOUNCILMEMBER SCHULDT MOVED TO APPROVE THE EASEMENT VACATION REQUESTED BY MR. & MRS. KUSCH WITH THE STIPULATION THAT THE CITY RECEIVE A QUITCLAIM EASEMENT FROM KUSCH'S. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.7.Variance Request by Standard Lumber/Public Hearing The Building and Zoning Administrator noted that Standard Lumber is requesting a 48 foot encroachment on the required SO foot front yard setback. Mr. Rohlf stated that the purpose of this variance is so an addition can be in line with his current structure. Mr. Rohlf further stated that the Planning Commission recommended approval of the variance with the reasoning that the whole neighborhood is encroaching on the setback. Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. cOUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUESTED BY STANDARD LUMBER. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.8.Administrative Subdivision Request by Standard Lumber/Public Hearing e The Building and Zoning Administrator noted that Standard Lumber is requesting to eliminate the lot lines between lots 1.2.3.4.8.9. and 10 of Block 10. of Village of Elk River Addition. Page 8 City Council Minutes February 23. 1987 e Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO REQUESTED BY STANDARD LUMBER. THE MOTION PASSED 5-0. APPROVE THE ADMINISTRATIVE SUBDIVISION COUNCILMEMBER TRALLE SECONDED THE MOTION. 7.9.Variance Request Requested by Mr. & Mrs. Waletzko/Public Hearing The Building and Zoning Administrator noted the Mr. & Mrs. Waletzko's are requesting a variance on a minimum 2.5 acre lot size requirement in an R-1A zone to create two lots out of 4.6 acres. Planning Commission Representative Morton stated that the Planning Commission felt that since there are one acre lots on one side of the Waletzkos and also behind their property. a variance could be granted. He further indicated that the Planning Commission recommended approval. 4 to 1. of the variance request with the stipulation that each lot created would not vary from the required lot size by more than 10 percent. Mr. Morton indicated that Commissioner Kimball voted against the motion for approval. e Commissioner Barrett stated that most of the opposition from the Planning Commission was in regards to setting a precedent. Mr. Barrett stated that the Planning Commission also based their decision on the fact that the Waletzkos have been paying taxes in 5.18 acres of land. and therefore. they were under the impression they owned 5 acres of land. Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. Councilmember a precedent landlocked. Schuldt stated he did not feel the Council would be setting by granting the variance as both proposed lots are COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUEST BY MR. & MRS. WALETlKO TO SPLIT THEIR LOT INTO TWO LOTS VARYING FROM THE 2.5 ACRE LOT SIZE REQUIRMENT. COUNCILMEMBER TRALLE SECONDED THE MOTION. Discussion was held regarding the reasons for granting this variance. e COUNCILMEMBER TRALLE MOVED TO AMEND THE MOTION TO ADD THE FOLLOWING REASONS FOR THE GRANTING OF A VARIANCE:. THERE IS NO OTHER LAND AVAILABLE FOR THE WALETZKOS. TO PURCHASE TO ADD TO THEIR PROPERTY; THERE IS NO OTHER WAY TO SPLIT THE LANDIN ORDER TO MAKE IT USEABLE FOR TWO LOTS: IF THERE WERE A NEWLY CREATED LOT. IT WOULD STILL BE LARGER THAN EXISTING LOTS IN THE AREA: TO NOT APPROVE THE VARIANCE WOULD BE DEPRIVING THE APPLICANTS OF THE PROPER USE OF THE LAND; THIS HARDSHIP WAS NOT CAUSED BY THE APPLICANTS. COUNCILMEMBER SCHULDT SECONDED THE AMENDMENT. THE AMENDMENT PASSED 5-0. e e e PAGE 9 City Council Minutes February 23. 1987 COUNCILMEMBER SCHULDT MOVED TO FURTHER AMEND THE MOTION TO STATE THAT THE WALETZKO'S WERE UNDER THE IMPRESSION THEY 'DID OWN 5.18 ACRES SINCE THEY HAVE BEEN PAYING TAXES ON THIS AMOUNT AND FURTHER THAT THE SINCE THIS WAS SURVEYED UNDER THE OLD METES AND BOUND S MEASUREMENT. IT COULD VERY WELL BE THAT '!'HE RECORD S DO SHOW THE PROPERTY' AS BEING 5. 18 ACRES. COUNCILMEMBER TRALLE SECONDED THE AMENDMENT. THE AMENDMENT. PASSED 5-0. THE MOTION AS AMENDED PASSED 5-0. 7.10.Consideration of an Administrative Subdivision by Mr. & Mrs. Waletzko/ Public Hearing Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MR. AND MRS. WALETZKO FOR TWO LOTS. OF 2.3 ACRES EACH. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 7.11.Administrative Subdivision Requested by Dale Lang/Public Hearing The Building and Zoning Administrator noted that Mr. Dale Lang is requesting to subdivide 11.5 acres into two parcels; one parcel of 5.5 acres and another of 6 acres in size. Mr. Rohlf stated that both lots are buildable and further there is a judicial ditch which has been vacated and staff is proposing to keep open. Mayor Gunkel opened the public hearing. There being no public comment. Mayor Gunkel closed the public hearing. Councilmember Schuldt questioned whether the judicial ditch should be addressed in conjunction with the Administrative Subdivision. Steve Rohlf stated that staff is recommending that this ditch be made a drainage easement and believes it should be addressed due to the fact that it relates to drainage. Mr. Rohlf further stated he felt this was a natural drainage and that it should be protected. Mr. Rohlf informed the Council that there has been a concern from the adjacent neighbor regarding this ditch being left open. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY DALE LANG WITH THE STIPULATION THAT THE DRAINAGE EASEMENT BE ADDED WITH SIZE TO BE LEFT UP TO STAFF DISCRETION. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. PAGE 10 City Council Minutes February 23. 1987 e 7.12.Consider Ordinance Amendment Regarding Junk Vehicles/Public Hearing Planning Commission Representative Morton stated that the Planning Commission initiated this ordinance amendment. He noted the Planning Commission felt that one inoperable vehicle was a public nuisance and that two were a junk yard. He further noted that the Planning Commission Voted in favor of the ordinance amendment 5-0. Mayor Gunkel opened the public hearing. Mr. Doug Waletzko stated that this has been a concern of his for some time and felt that Elk River needs more control regarding junk vehicles. He stated he felt that no junk vehicles should be allowed on private property. Sharon Waletzko stated she had a concern with junk and inoperable vehicles setting on city streets and questioned whether the ordinance addresses this. There being no further public comment. Mayor Gunkel closed the public hearing. e Discussion was held regarding the definition of junk vehicles and whether the definition should be added to the definition of a junk yard so as to be sure that leaving a junk or inoperable vehicle on the street would be in violation of the ordinance. It was the consensus of the City Council to table this ordinance amendment until further staff discussion is held. 7.13.Consider Ordinance Amendment Regarding Snow Removal/Public Hearing Mayor Gunkel introduced this item and opened the public hearing. Dr. Howard Johnson indicated that the Chamber initiated this ordinance amendment because of numerous complaints and ~nJuries on sidewalks in the winter from the sidewalks not being kept free of snow and ice. There being no further public comment. Mayor Gunkel closed the public hearing. cOUNcILMEMBER TRALLE MOVED TO ADOPT ORDINANCE 87-13. AN ORDINANCE AMENDING SECTION 500.06 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.' THE MOTION PASSED. 5-0. e Mayor Gunkel stated that this has been discussed at previous meetings and no action was taken due to the fact that a lot of sidewalks that are not shoveled are in residential areas where elderly people reside and that it would be a burden to some of the elderly people to shovel the sidewalks and also a financial burden to hire them shoveled. Page 11 City Council Minutes February 23. 1987 e 8.1.Utilitiy Commission Update Councilmember Tralle gave a brief update on a Utility meeting he recently had with the Utilities General Manager. 8.2.Can Recyclyer/County Market The Building and Zoning Administrator stated that the County Market would be putting a can recycler in the parking lot of the County Market. He noted he was presenting this to the Council as an item of information. and that no action was required. 8.3.Communication with Representatives Mayor Gunkel presented the Council with a letter addressed to local State Representatives and the League of Minnesota Cities in regards to can deposit legislation. Mayor Gunkel noted that her letter states that the City is in favor of can deposit legislation. Councilmember Holmgren stated he was in favor sending the letter with the Council's signature. It was the consensus of the Council to have the letter typed with any changes made by the Councilmembers. e The Building and Zoning Administrator noted that City Attorney Peter Beck had redrafted the NSP License. Mr. Rohlf stated he would like the Council to look at the wording of #10. It was the consensus of the City Council to accept the wordage of #10 of the NSP license as drafted by City Attorney Peter Beck. 9. Adjournment There being no further business. COUNCILMEMBER TRALLE MOVED TO ADJOURN THE CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. The meeting of the Elk River City Council adjourned at 10:40 p.m. ~y ~eraY Recording Secretary e