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05-04-1987 CC MIN REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY tit MONDAY. MAY 4. 1987 Members Present: Mayor Gunkel. Councilmembers Holmgren. Schuldt and Tralle (7:40 p.m.) Members Absent: Councilmember Dobel Staff Present: Pat Klaers. City Administrator; Phil Hals. Street Superintendent; Stephen Rohlf. Building and Zoning Administrator (7:10 p.m.) 1. The meeting was called to order at 7:00 p.m. by Mayor Gunkel. 2. Consideration of 5/4/87 City Council Agenda COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 5/4/87 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 3-0. 3.1 Consideraion of 4/20/87 City Council Minutes e Mayor Gunkel noted the following changes to be made in the minutes: on page 4. item 5.4 Councilmember Holmgren seconded the motion and the motion passed 5-0; on page 7. item 5.10 delete the words "Brentwood Subdivision" and insert the words "New Creation Homes"; on page 9. first paragraph delete words between "there" and "future" and add the words "the City realized the plat is in the sewer and water district"; on page 9. in the motion the words "be adequate in size" should be changed to "meet the approval of the City Engineer"; on page 12. the figure in the third paragraph should be $68.500 rather that $67.500; also on page 12 in the first motion the words "increase to 25%" should be changed to "increase from 25%"; and on page 13 the figure of $67.500 in item 6.5 should be changed to $68.500. 4.5 Library Board Annual Report Ellen Kretsch. Chairperson and Vicki Sullivan. Treasurer. both of the Board of Trustees. and Bill Pollard. Librarian were present to present the 1986 Annual Report of the Elk River Public Library. Ms. Kretsch and Ms. Sullivan walked the City Council through the report and then answered questions raised by the Council regarding carpeting. the heating and cooling system. future building expansion and special programming activities. 5. Apartment Complex Neighborhood Park Mrs. Phil Pritscher representing Pritscher Brothers. Inc. Profit Sharing Trust and her daughter. Pam Owen. were present to discuss the selling of an approximate one acre parcel of property to the City for park land. e Mrs. Phil Pritscher explained that the property is currently being assessed at $10.000 and has back taxes due of approximately $5.000. Page 2 e City Council Minutes May 4. 1987 There was discussion held regarding the lack of an access to the property. Stephen Rohlf. Building and Zoning Administrator. stated that he had received an oral agreement from a neighboring apartment complex owner to allow the City access. There was discussion held regarding the back taxes on the property. The City will be checking into the ending date of the grace period and the possibility of getting the taxes forgiven. Stephen Rohlf gave three concerns which the City has. as to why they would like to purchase the property for park purposes: 1. Would give property owners a legitimate use of the land. , 2. This is one of the most densily populated areas in the city. 3. Purchase would alleviate city concerns of future density in the area. With further discussion. Mrs. Pritscher stated that the property was purchased originally for $17.000 and they are asking $8.500. She suggested that any part of the taxes not forgiven could be deducted from the price. e COUNCILMEMBER HOLMGREN MOVED TO OFFER MRS. PHIL PRITSCHER $7.000. FOR THE APPROXIMATE ONE ACRE PARCEL OF PROPERTY TO BE USED FOR PARK AND THAT THE CITY WILL ASSUME TH TAX LIABILITY BUT WILL ATTEMPT TO HAVE THE TAXES BE FORGIVEN. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. Pat Klaers will be setting up a meeting between the Pritscher's Attorney and the City Attorney to discuss legal documents. 6.1 Public Works Facility Final Report Phil Hals. Street Superintendent. presented the Public Works Facility Final Report. Hals explained the financial status of the Street Department and then began a discussion on fencing of the property adjacent to the building. He distributed a map to the Council showing the proposed fence.. Discussion was also held regarding a future fuel system on the site and tarring of the driveway. 6.2 1987 Park Improvement Program Phil Hals and Pat Klaers met with the Recreation Board to discuss possible improvements. Hals reported on the priority list suggested by the Recreation Board: e 1. Playground equipment 2. Shelters 3. Rest rooms Page 3 e City Council Minutes May 4. 1987 Other items discussed by the Recreation Board were bituminous surfacing. volleyball and basketball courts. The Council asked questions regarding the shelters. Hals distributed pamphlets of possible types of shelters and also emphasized the demand by the public for rental of the shelters. Hals emphasized the importance of adding variety to the current parks and stated he can foresee all the proposed projects being completed this summer excluding the volleyball and basketball courts. Restrooms and volleyball courts (and nets) were discussed and how they attract vandalism. In relationship to this topic. the Park Dedication Fee was discussed and it was the general consensus of the Council to increase this fee. Pat Klaers will prepare a resolution to present to the City Council at the May 18th meeting. 6.3 Other Discussion Items e Parking restrictions on Orono Road was a concern of Phil Hals. brought to his attention by Tom Zerwas. Chief of Police. It was suggested by Hals to post "No Parking Signs" from 200 feet east of Gary Street to 300 feet west of Gary Street on both sides of Orono Road to create safer conditions. Parking beyond these points would be permitted. Discussion was also held regarding parking by apartment tenants on Gary Street. COUNCILMEMBER TRALLE MOVED TO INSTRUCT STREET DEPARTMENT TO POST "NO PAlU{ING SIGNS" FROM 200 FEET EAST OF GARY STREET TO 300 FEET WEST OF GARY STREET ON ORONO ROAD AND ALSO TO POST "NO PARKING 2 A.M. - 6 A.M." IN ORONO PARK. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. Phil Hals informed the Council that Ty Bischoff. County Assessor. is helping the City determine an appropriate offer to give Burlington Northern Railroad for its abandoned parcel of property. Hals updated the Council on the planting of Boulevard trees again this year and stated that these trees come out of the Dutch Elm fund. e The Lion's Park was discussed with Hals giving an update. The projects in the park are lighting. water lines. and pouring of the last shelter slab. Erection of the shelters will start as soon as possible. A request for "advertisement" park benches by the Lion's Club was also discussed and it was the consensus of the Council to not allow advertisement on City benches. Hals informed Council of a complaint he had received from residents regarding trucks hauling soil down Jarvis. a street not compatible for this weight. It was suggested that Hals post the area to 5 ton axle weight. The City Council took a 5 minute break. regrouping at 9:15 p.m. Page 4 e City Council Minutes May 4. 1987 7. Deerfield 3rd Addition/Outlot A Jerry Smith who has currently been removing dirt from Outlot A in Deerfield 3rd Addition has been stopped from continuing this work. It was suggested that Smith reshape the lot as well as seed and mulch the land to prevent dust blowing. Smith will be instructed to get direction from Phil Hals or Terry Maurer as to the shaping of the lot and is not to lower the grade. It was the general consensus of the Council to direct Phil Hals to contact Jerry Smith on the reshaping of Outlot A. Deerfield 3rd Addition as well as the seeding and mulching of this lot. 7.1 1986 Building and Zoning Annual Report Stephen Annual points zoning Rohlf. Building and Zoning Administrator. presented the 1986 Report of the Building and Zoning Department. Rohlf's high in the report were efficiency/consistency. attitude. employees. requests. permits and recordkeeping. e Mayor Gunkel raised questions regarding a contract with an additional inspector. Stephen Rohlf stated that the main concern of this person is insurance coverage and the staff is following up on this issue with the City insurance agent. 7.2 Update on Current Building and Zoning Activities Stephen Rohlf presented the proposed changes in the NSP RDF Processing Facilit~. COUNCILMBMBER TRALLE MOVED TO APPROVE THE REQUESTED CHANGES ADDING 10 FEET TO THE RECEIVING BUILDING AND MAKING THE ADMINISTRATION BUILDING A SEPERATE BUILDING AT THE NSP RDF PROCESSING FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0 Steve Rohlf explained to the Council that when easements were vacated on the Todd Mixer property. this vacation was recorded with the wrong legal description. cOUNCILMEMBER TRALLE MOVED TO APPROVE THE CORRECTION OF THE RECORDING ERROR ON THE TODD MIXER EASEMENT BY SENDING THE CORRECT LEGAL DESCRIPTION TO THE COUNTY RECORDER'S OFFICE WHICH WILL ALSO CLEAR UP THE AFFECT THIS HAS ON THE FAIRHAVEN HILLS PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. HE MOTION PASSED 4-0. Platting Route Sheet e Stephen Rohlf presented the following additions and deletions to the Platting Route Sheet: Page 5 e City Council Minutes May 4. 1987 Page 2 - K) If the plat lies in the City sewer district. but is not currently sewered a road overlay of future division of lots in th plat when City sewer becomes available will be required. Page 2-Note: Lots will be required to have one continuous acre of buildable land (5' above water table) with a minimum of two separate drainfield locations that meet code if not serviced by City sewer. Page 3-Note: Estimated platting fees due prior to Planning Commission reviewing preliminary plats. Page 5-Item # 4: Notes no stumps or logs can be buried within the plat. C) Substitute ordinance final plat review before Eliminate Item #6 Page 6 amendment language to eliminate the Planning Commission. - Planning Commisson Final Plat Page 7 Review Page 8 - H) Future easements for road corridors recommended. It was suggested by Council that Rohlf work out wording to with the City Attorney and that the document reflect and City resolution modifications. e Moritorium on Private Roads cOUNCILMEMBER HOLMGREN MOVED TO DIRECT CITY ATTORNEY TO TAKE APPROPRIATE ACTION TO PROHIBIT FUTURE PRIVATE ROADS. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Administrative Subdivisions Discussion was held regarding the replatting of property versus administrative subdivisions to change lots in already platted areas. Rohlf recommended not requiring a replat on residential. but do require a replat on commercial. industrial and multi-family. Assessments were discussed. Stephen Rohlf will continue researching this matter. Prior Collection of Platting Fees COUNCILMEMBER TRALLE MOVED TO APPROVE THE REQUEST TO COLLECT ESTIMATED PLATTING FEES PRIOR TO PLANNING COMMISSION PRELIMINARY PLAT REVIEW. cOUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Future Road Easements e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE REQUEST TO REQUIRE ROUGH GRADING AND SEEDING OF PERENNIAL GRASS OF FUTURE ROAD EASEMENTS WITHIN A l'tAlf 'rnAlf WOULD DI CONNECTED . TO. OTHER LAND S. COUNCILMEMBER TRALLE ~ilOONDID THI MOTION. THE MOTION CARRIED 4-0. e e e Page 6 City Council Minutes May 4, 1987 City Policy on Administration Subdivisions COUNCILMEMBER HOLMGREN MOVED TO A>>MINISTRATIVI SUBDIVISIONS ONLY ~ROPIRTY. cOUNCILMEMBER SCHULDT CARRIED 4-0. APPROVE THE CITY POLICY ON ONCE A YEAR ON THE SAME PARCEL OF SECONDED THE MOTION. THE MOTION Parking Lots Councilmembers and a single parcel consensus of the information will be City staff discussed businesses requesting the use of of land only for a parking lot. It was the general Council that this use not be permitted. More presented on this matter at a later date. Setbacks from Orono Lake and Elk River Stephen Rohlf stated that. after speaking with Dale Homuth from DNR. the setbacks to be enforced will be 75 feet from Orono Lake and the Elk River and 100' from the Mississippi River. Percent of Buildable Land More information will be available at a later time. Overlays of Plats in Future City Sewer and Watered Areas COUNCILMEMBER TRALLE MOVED TO REQUEST OVERLAY S lOR PLATS IN rUTUU CITY SEWER AND WATERED AREAS; COUNcILMEMBER HOLMGREN SECONDED THE MOTION. Discussion was held and it was the general consensus of the Council to drop the requirements for a sewer overlay on the Oak Knoll final plat due to the economical stand point of the plat. THE MOTION CARRIED 4-0. Construction Trailers Stephen Rohlf stated that he will clean up this ordinance to make this matter legal during the winter. Greenhouses There are currently three parking lot greenhouses in Elk River; County Market. Ron's. and Pamida. It was stated that these greenhouses are permitted as long as they do not take up required parking spaces. Rohlf stated that permits are issued and that this is an item to be addressed this winter. PAGE 7 City Council Minutes May 4. 1987 e Z's Upholstery - Mark Zisca Discussion was held regarding whether upholstering cars and Z's Upholstery would fall under auto repair in a C3-A zone and whether or not furniture upholstery is an accessory use. Stephen Rohlf mentioned that a building permit will be issued for the building and that the condition will be required that the upholstery business can only be in the building if the conditional use permit is granted. Stephen Rohlf presented a adminstrative subdivision. as one 2 1/2 acre parcel and 60 acres. map of the area that was considered for an The 60 acre parcel is now going to be sold the other parcel being the remaining of the Health Spas e There was a ques~ion by City staff regarding whether or not allowing a health spa in a C-3A zone could be classified as indoor recreation and be a permitted use. Health spas are specifically stated in a R-4 zone. It was the general consensus of the Council that a health spa is an indoor recreation and is. therefore. a principal use in a C-3A zoned district. Model Home Signs Discussion was held specifically regarding the new Christian Model Home Sign which is 15-20 feet in the air. It was the consensus of the Council that this is inappropriate and the sign should be taken down or lowered. Propane Tanks Discussion was held among the Council and the staff regarding the request for a propane tank as an accessory use to a gas station. Stephen Rohlf was directed to speak with the Fire Marshall regarding the rules and regulations of storing this type of tank on property. The Council agreed that this would be acceptable as long as it meets all safety regulations. 8. City Administrator: General Update on Current Activities cOUNCILMEMBER TRALLE MOVED TO. APPROVE RESOLUTION 87-23 ''DESIGNATING FINANCIAL INSTITUTIONS TO BE USED BY INVESTMENT OF IDLE CITY FUNDS." COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-0. Pat Klaers presented a letter dated April 29. 1987. from Terry Maurer. City Engineer. regarding three studies dealing with City Sewer and the Waste Water Treatment Plant. e COUNCILMEMBER HOLMGREN MOVED TO INSTRUCT THE MAIER STEWART & ASSOCIATES INC. FIRM TO PROCEED WITH THE THREE STUDIES AND THE DOLLAR AMOUNT NOT TO EXCEED THE ESTIMATED FIGURES. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-0. e e e PAGE 8 City Council Minutes Hay 4, 1987 Pat Klaers presented a request by Tom Zerwas. Chief of Police. to hire a full-time secretary/receptionist at $7.00 and hour beginning May 8. 1987 with a six month probation period. COUNCILMEMBER TRALLE MOVED TO APPROVE HIRING OF KATHY ANDERSON AS FULL- TIME SECRETARY/RECEPTIONIST IN THE ELK RIVER POLICE DEPARTMENT AT $7.00 PER HOUR BEGINNING MAY 18. 1987. COUNCILMEMBER HOLMGREN SECONDED '1'M MOTION. THE MOTION CARRIED 4-0. The League Annual Conference Meeting will be held in June with Pat Klaers and interested Councilmembers attending on various days. City Hall open house is to be held Saturday. May 9. 1987. from 10:30 a.m. to 1:30 p.m. 9. Check Register MAYOR GUNKEL MOVED TO APPROVE THE CHECK REGISTER. HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER 10. Adjournment OOUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL AT 12:00 MIDNIGHT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk Rivr City Council adjourned at 12:00 midnight. Respectfully submitted. J)CU7 ~ m~V-luJJ6-1LJ Danille Mathison Recording Secretary